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FISH AND OYSTER LAW 



OF THE 



STATE OF MARYLAND 



INCLUDING 



OYSTER PLANTING LAW AND 
SHELL FISH COMMISSION 




COMPILED FROM BAGBYS CODE, 1910. WITH THE ACTS 

OF ASSEMBLY. 1912. ARTICLES 39 AND 72. 

CODE OF PUBLIC GENERAL LAWS 



BY V. CALVIN TRICE, ESQ. 
STATE'S ATTORNEY FOR DORCHESTER COUNTY 



FEBRUARY 1913 



/ 



FISH AND OYSTER LAW 



OF THE 



STATE OF MARYLAND 



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COMPILED FROM BAGBYS CODE. 1910. WITH THE ACTS 

OF ASSEMBLY. 1912. ARTICLES 39 AND 72. 

CODE OF PUBLIC GENERAL LAWS 



By V. CALVIN TRICE, ESQ. 

STATE'S ATTORNEY FOR DORCHESTER COUNTY 



FEBRUARY 1913 



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D. Of D«" 
.PR 14 u' I. 






IIMDEX 



Article 72, Code-Public General Laws. 

OYSTERS. 



10. 



11. 



Tonging. 

Tcmging license ; limit of such li 
cense; provisions. 

What such license shall state; dis- 
position of license fees. 

Applicants for license shall make 
oath; what oath shill set forth. 

Comptroller to furnish blank li- 
censes; clerk to account for li- 
censes issued and return un- 
used licenses. Fees to be placed 
to the credit of oyster fund. 
When licenses shall expire. 

Catching oysters without license; 
penalty. 

Provisions for Queen Anne's, 
Kent, Anne Arundel, Dorches- 
ter and Talbot counties; saving 
as to past offenses. 
Provision for the Patuxent north 
of a certain line. 

Culling. 

Provisions in regard to culling oys- 
ters. Shells. 

Unmerchantable oysters not to be 
taken out of State; penalty. 

Possessing unculled oysters; pen- 
alty. 

Unlawful to purchase cargo un- 
less measurer or inspector be 
present; unmerchantable oys 
ters to be returned to place 
whence taken and scattered. 



12. Vessels to be kept at wharf until 

the cargo is inspected. Form of 
certificate to be given by inspec- 
tor. Penalty for violating this 
provision. 

13. Evading in any manner the provis- 

ions of this article; penalty. 

14. Measurers and inspectors to en- 

force this article. 

15. Refusing to allow inspection; pen- 

alty. 

Time for Taking Oysters. 

16. Time within which it shall not be 

lawful to catch oysters; penalty. 

17. Penalty for violating sections 8 

and 16. 

18. (3atchmg oysters on Sunday or at 

night, unlawful; penalty. 

19. Disposition of tines under the pro- 

visions of this article. 

Dredging. 

20. Using steamer or power boat in 

catching oysters, unlawful; pen- 
alty. License. 

21. Dredging license; exempted wat- 

ers; transfer of license in case 
of sale of boat; proviso. 

22. Dredging on unlicensed vessels, 
unlawful. Scoop or dredge on 
board such vessel shall be prima 
facie evidence. 



INDEX 



23. 
24. 

25. 

26. 
27. 

28. 
29. 



30. 



Oath of owner of boat; penalty 
for violating this provision. 

Cost of boat license. Commander 
of State Fishery Force to in- 
spect vessel; proviso. Fr'es. 

Penalty for violating provisions of 
sections 20 to 22 inclusive. 

Arrest of offenders. 

What firearms may be allowed on 
vessels. Penalty for violation. 

Sheriffs and constables to arrest 
any person violating these pro- 
visions and seize boat. 

When vessel shall be forfeited. 
Sale of vessel. Application of 
proceeds of sale; proviso. Right 
of appeal. Persons having Hen 
may file petition. 

Sale of boats of non residents; 
proviso. 



Oyster Fund. 

31. What moneys are to be placed to 

the credit of such fund. 

Painted Numbers for Dredging 
Vesssels. 

32. License numbers. Application of 

this section. Fees. 

Dredging in Exempted Waters. 

33. Sailing in exempted waters unlaw- 

ful. Officers to arrest offenders. 

State Fishery Force. 

34. Ammunition for guard boats to 

cnrry out this provision. 

35. Waters to be divided into seven 

districts. Counties included in 
each district. Guards for each 
district. 

36. Board of Public Works to aopoint 

commander and dr-putifs of 
fishery force Term of ofl^ce. 
Penalty for failure to discharge 
duty. Who may not be eligible 
for said offices. 



37. Removals for neglect of duty. 

38. Powers of the Board of Public 

Works in the matter of reducing 
the expenses of the State Fish- 
ery Force. 

39. Vessels to be constantly on duty. 

40. Duty of deputy commanders. 

41. Oath and bond of officers of the 

State Fishery Force. 

42. Salaries of the various officers of 

the State Fishery Force. 

43. One ration per day for officers and 

crews. Appropriation ; proviso. 

44. Duties of officers of the oyster 

police force. 

45. State Fishery Force to enforce all 

laws relating to fish. 

46. Commander to have control of 

force, to keep accounts and 
make report to Board of Public 
Works. Clerk to said com- 
mander — his salary. 

Locating Oyster Lots. 

47. Private oyster planting. Notice 

to owner. Marking off beds. 
These provisions not to apply to 
non-residents. 

48. Unlawful to locate or appropriate 

any natural bed or bar ; penalty. 

49. Exclusive right to creeks 100 yards 

or less m width. 

50. Taking bedded oysters, unlawful. 

Penalty for violating sections 
49 and 50. 

51. Right of appeal. 

Craigliili Cliannei. 

•52. Dredging near Craighili channel 
unlawful; penalty. 

Patuxent. 

53. Time when oysters may not be 

taken in. 

54. Penalty for violation. 



INDEX 



Patuxent, Potomac, Choptank. 

55. Time when oysters may not be 
taken in tributaries of Patux- 
ent, Potomac and Choptank 
rivers, bordering on certain 
counties; proviso. 

56 to 58. What privileges granted in 
license to citizens of St. Mary's 
Charles and Calvert counties. 

59. Penalties for violating sections 

55 to 58. 

Potomac. 

60. Only citizens of Maryland or Vir- 

ginia shall take oysters or fish 
in the waters of the Potomac; 
penalty. 
61 Culling. Unlawful to buy. sell, I 
etc., small oysters Examina- 
tion of cargo. Penalty. Burden 
of proof; proviso. 

62. When unlawful for citizens of 

Maryland and Virginia to take 
oysters in Potomac; penalty. 

63. When lawful for said citizens to 

take oysters in said waters. 
Prosecution for violation. 

64. Penalties for violating sections 60, 

62 and 63. 
65 Recovery of penalties. 

66. Penalty for violating provisions 

relating to culling oysters. 

67. When sections 62, 64 and 66 be- 

come effective. Governor to is- 
sue proclamation, 

68. Compactof 1785 not to be impaired 

by these provisions. 

General Measurers and Inspectors. 



72. 



73. 

74. 
75. 

76. 

77. 

78. 



79. 
SO. 

81. 



82. 



83. 



69. 

70. 



71. 



Appointment; bond; powers. 

Special inspectors from oyster 
counties to be appointed; their 
duties, charges, returns; certifi- 
cates of measurement. 

Natural oyster bed re-shelling 
fund. (Unconstitutional.) 



84. 

85. 
86. 



87. 
88. 

89. 
90. 



Commander shall divide inspection 
pomts in Baltimore (Mty into 
four inspection districts, and 
organize board of inspections. 
Reports of inspection command- 
er. Penalty. Transfers. 

Duties and powers of general 
measurers and inspectors. 

Licensed measurers; suspension. 
Feed. 

Salary of general measurers and 
inspectors; penalty for violating 
sections 69 to 75; when appoint- 
ments shall be made. Reports. 

How oysters shall be measured; 
dimensions of tub; penalty. 

Penalty for charging more than 
one-half cent per bushel. 

Exempted Waters. 

Waters in which catching oysters 
shall be unlawful. Not applica- 
ble to Dorchester county. 

Packing Oysters. 

Packer's license— cost. Fees. 

Penalty for packing or canning 
without license. 

Commission merchant's license- 
cost. Penalty for selling with- 
out license. 

Shucking Oysters. 

Provisions reg-arding oysters 
shucked by the gallon. 

Comptroller's Duties. 

Comptroller to furnish all forms 
of application, license, reports, 
returns and other blanks. Wor- 
cester county exempt from pro- 
visions of this article. 

Past Offenses. 

Sections not to affect past offenses. 
Oyster Culture. 

Who may plant and cultivate oys- 
ters; exceptions. 

Board of Shell Fish Commission- 
ers; salaries, clerk, surveyor, 
engineer. Disbursements. Qual- 
ification. 

Record books. Transfers. 

Survey of natural beds, bars and 
rocks. 

Assistance of U. S. surveys, etc. 

Appointee of county commission- 
ers to aid board. 



INDEX 



91. 

92. 

98. 

94. 

95. 
96. 
97. 
98. 

99. 

100. 

101. 
102 

103 
104. 

105 
106. 

107. 

108. 
109. 

110. 

111. 
112. 
113. 

114. 
115. 

116. 



Natural beds and bars to be des- 
ignated on charts and maps. 
Reports and survey to be filed 
with clerks and made conclu- 
sive evidence; proviso. 

How natural beds and bars to be 
defined and bounded. 

Petition allegins: omission of nat- 
ural bed, etc. 

Hearing by circuit court— decision 
final. 

Amended survey. 

Deposit by petitioners. 

Assistance of county surveyor. 

Crabbing sections to be designated 
on maps and charts. Exemp- 
tion. 

Assistance of steamer of State 
Fishery Force and deputy, 
commanders. 



Leases - 
Rent. 



limitations thereof 
Lease may be vacated. 



When and where leasing to begin. 

Exclusive rights of riparian own- 
ers and those engaged in dredg- 
ing, etc. Proviso. 

Forms of application. 

Leases of remaining land to resi- 
dents of Maryland. 

Application; fee. 

Register of titles to oyster lands; 
additional fee. Survey. 

Relation of landlord and tenant- 
how far it applies. 

Ground leased to be marked. 

Limits of application of oyster 
law. 

Prior lawful appropriation for 
planting, etc., rights conferred 
thereby. 

Rights of lessees. 

Invalid assignments— reverter. 

Oysters may be taken from nat- 
ural beds between 15th of April 
and 15th of May. 

Lessees required to taki out li- 
cense. 

Wilful removal or interference 
with oysters or stakes, etc. 
Penalty. 

Working dredere, etc., and easting 
haul, etc. Penalty. 



117. Making boat fast to buoy, etc. 

Penalty. 

118. Additional penalty for violation of 

law. 

119. Duty of State Fishery Force. 

120. Application of revenue. 

121. Annual report of commissioners. 

122. Description of location of leased 

ground indictment. 

123. How location may be proved. 

124. Productiveness of natural beds to 

be increased. 

125. Superintendent of natural oyster 

beds. 

126. Purchase and distribution of shells. 

127. Control of State Fishery Force. 

128. Limit of expenditures. 

129. Survey and designation of clam 

rocks. 

130. Rocks not to be leased; treated as 

natural oyster beds. 

131. Boat to be rented, to guard bot- 

toms of Wicomico river. 

CONCURRENT LAW, MARYLAND 
AND ViRGiNiA. 

Sec. 1. Who may or may not take fish, 
oysters or crabs in the Potomac 
river. Penalties 

Sec. 2. Restrictions as to the time and 
manner of taking oysters. 

Sec 3. Providing a cull law and impos- 
ing penalties. 

Sec. 4. Regulating the taking of seed 

oysters and providing penalties. 

Sec. 5. Permit required for buying or 
carrying seed oysters and pre- 
scribing penalties. 

Sec. 6, Regulations for the taking of 
fish and crabs in the Potomac 
river. How licenses procured. 
Penalties. 

Sec. 7. Concurrent jurisdiction for pun- 
ishment of offenses in Potomac 
river. 

Sec. 8 Penalties where not otherwise 
provided — forfeiture of vessel. 

Sec. 9. Failure of officer to perform 
duty. Penalty. 



ARTICLE 72"=CODE 



PUBLIC GENERAL LAWS 



TONGING. 

Tonging License ; Limit of Such License ; Provisions. 

1904, Art. 72, Sec. 1. 1894, Ch. 380, Sec. 1. 
1900, Ch. 380. 1910. Ch. 413. 

1. Any resident of this State desiring to catch oysters with rakes 
or tongs for sale in any of the waters of this State shall first obtain by 
application to the clerk of the circuit court for the county wherein he 
may reside a separate license for every person to be employed on such 
boat, and such license shall have eflect from the first day of September, 
in the year which it may have been obtained, to the twenty-fifth day of 
April, inclusive, next succeeding; provided, that such license shall not 
authorize the taking or catching of oysters in any creek, cove, river, in- 
let, bay or sound within the limit of any county other than that wherein 
the license shall have been granted ; and that the boundaries of the 
counties or navigable waters shall be strictly construed so as not to per- 
mit the residents of either county to take or catch oysters beyond the 
middle of the dividing channel ; provided, that nothing in this section 
shall be so construed as to prevent the citizens of Queen Anne's and 
Kent counties from using the waters of Chester river in common, or the 
citizens of Dorchester and Wicomico counties from using the waters of 



8 

Nanticoke river in commou, or the citizens of Queen Acne's and Talbot 
counties from using the waters of the Wye river and the mouth thereof 
in common, or the citizens of Dorchester and Talbot counties from using 
the waters of the Choptank river in common; provided, however, that 
the county commissioners shall be authorized to give special permission 
to any woman who has no visible means of support to take and catch 
oysters without license. 

What Such License Shall State; Disposition of License Fees 

1904, Art. 72. Sec. 2. 1894, Ch. 380, Sec. 2. 1890, Ch. 380. 
1910, Ch. 413, Sec. 2. 

2, Each and every license issued in conformity to the provisions of 
section 1 of this article shall state the name, color, age and residence of 
the person to whom the license is to be granted, the number thereof 
aad the county in which the same is to be used; and every applicant for 
such license shall pay to the clerk of the circuit court when such license 
may be granted, and before the issuing and delivery of the same, three 
and one-half dollars, the clerk to receive twenty-five cents for each and 
every such license as a fee for issuing the same, including administering 
the oath when required. Two-thirds of the amount received for such 
license shall be paid by the clerk to the school commissioners for the 
use of the public schools in the respective counties where such licenses 
are issued, and of this amount the portion received from white tongers 
to go to the white schools, and the portion received from the colored 
tongers to go to the colored schools, and the remaining one-third to be 
paid over by the clerk to the Comptroller of the State Treasury, to be 
credited to the oyster fund. And one-third of the amount received 
from any tonging license in any county in this State shall be paid by 
the clerk of the circuit court of the county when received, to the Comp- 
troller of the Treasury, to be credited to the oyster fund, any provision 
of any public local law or public general law to the contrary notwith- 
standing. 



Applicants for License Shall Make Oath; What Oath 

Shall Set Forth. 

Ibid., Sec. 3. 1894, Ch 380, Sec. 3. 
3. Every applicant for license as aforesaid shall be required to 
make oath or affirmation before the clerk authorized to issue the same, 
or some justice of the peace, on whose certificate of the taking of such 
oath or affirmation the clerk shall itsue said license; that the facts set 
forth therein are strictly true ; that he has been a bona fide resident of 
the county for twelve months next precediner his application for said 
license ; that he desires and intends to use said license in the county in 
which he resides or the waters used in common, as provided in this ar- 
ticle, and that he will comply with and obey all laws of this State regu- 
lating the taking or catching of oysters. 

Comptroller to Furnish Blank Licenses ; Clerk to Account 

For Licenses Issued and Return Unused Licenses; 

Fees to be Placed to Credit of Oyster 

Fund; When Licenses Shall Expire. 

1904, Art. 72, Sec. 4. 1894, Ch. 380, bee. 4. 
4, The Comptroller of the Treasury shall cause to be printed and 
delivered to the clerks of the circuit courts for the several counties the 
requisite number of such blank licenses and take receipts for the same 
as for other licenses furnished ; and said clerks shall, on the first Mon- 
day of March and December of each year, return to the Comptroller a 
list and account of such licenses issued by them, and at the end of each 
tonging season shall return all unused licenses to him and shall pay 
over to the Comptroller one-third of the amount received by them for 
such licenses, which amount the said comptroller shall place to the 
credit of the oyster fund ; and no license to take or catch oysters with 
rakes or tongs shall be used on any boat or vessel which is licensed to 
take or catch oysters with scoop, drag, dredge or any similar instrument 



10 

during the season for which such boat or vessel is licensed ; and all 
licenses shall expire at the end of the season. 

Catching Oysters Without License ; Penalty. 

Ibid , Sec. 5. 1894, Ch. 380, Sec. 5. 

5, If any person shall take oysters with rakes or tongs, for sale, 
without first having obtained a license as required by the preceding 
sections of this article, he shall, upon conviction thereof before a justice 
of the peace for the county wherein the offense has been committed, be 
lined not less than twenty nor more than one hundred dollars, and stand 
committed to the county jail till all costs and fines are paid ; and in any 
such case the boat or vessel used by him shall be forfeited, and may be 
condemned, in the discretion of the judge or justice of the peace, in the 
manner provided in section 25. All persons taking or catching oysters 
under the provisions of this article shall exhibit their authority for so 
doing when required by any officer of the oyster police force, or other 
officers of the State. 

Provisions for Queen Anne's, Kent, Anne Arundel, Dor- 
chester and Talbot Counties ; Saving 
as to Past Offenses. 

Ibid., Sec. 6. 1894, Ch. 380, Sec. 6. 1898, Ch. 117. 1900, Ch. 99. 

6. It shall be unlawful for any person or persons who have obtained 
a license to take or catch oysters with rakes or tongs to take or catch 
oysters in the waters of Queen Anne's, Kent, Talbot, Anne Arundel and 
Dorchester counties, or within one and a half miles of Sandy Point, 
Hackett's Point, ToUey's Point, Thomas' Point, Holland's Island bar 
and Three Sisters and Holland's Point bar with any implement or de- 
vice other than ordinary rakes and tongs with wooden shafts, to be used 
entirely by hand, and without any ropes or hoisting gear whatever. Any 
person or persons violating any one of the provisions of this section 
shall be liable to the penalties prescribed in the preceding section for 



11 

taking oysters with rakes or tongs without license; and the waters with- 
in one and a half miles of Sandy Point, Hackett's Point, Tolley's Point, 
Thomas' Point, Holland's Island bar and Three Sisters and Holland's 
Point bar shall be held and considered to be within the limits of Anne 
Arundel county for the purpose of this section und article; provided, 
that the provisions of this section shall not apply to Swan Point bar, 
Rock Hall creek and Swan creek and all waters north of Swan Point 
bar. Nothing in this section to affect offenses committed in whole or 
in part before March 20, 1900, nor pending prosecutions for past of- 
fenses. 

Provision for the Patuxent North of a Certain Line. 

1910, Ch. 733. Page 210. 
7. It shall be unlawful for any person or persons who have obtain- 
ed a license to take or catch oysters in the waters of the Patuxent river 
above or north of a line drawn from the north side of Kourkles creek in 
St. Mary's county to the southeast side of the month of Hungerford 
creek in Calvert county, with any implement or device other than ordi- 
nary rakes and tongs with wooden shafts, to be used entirely by hand, 
and without any ropes or hoisting gear whatever. Any person or per- 
sons violating any one of the provisions of this section shall be liable to 
the penalties proscribed in section 5 for taking oysters with rakes and 
tongs without license ; nothing in this section affect offenses committed 
in whole or in part before March 20, 1910, nor pending prosecution for 
past offenses. 



CULLING. 

Provision in Regard to Culling Oysters. Shells. 

1904, Art. 72, Sec. 7. 1894, Ch. 380, Sec. 7. 1906, Ch. 439. 
8. All oysters taken from any of the waters of this State, either 
with scoops, dredges or any similar instruments, or tongs or rakes, shall 



12 

be culled upon their natural bed or bar whence taken; and all shells shall 
be returned to the bed or bar from which they were taken; and all oys- 
ters whose shells measure less than two and one-half inches in length, 
measuring from hinge to mouth, shall be included in said culling and 
replaced upon said bed or bar as taken; and the culling of oysters 
taken as aforesaid required by this section shall be actually made and 
completed before such oysters are thrown or deposited in the hold or 
bottom of any such canoe or boat or vessel aforesaid. 

Unmerchantable Oysters Not to be Taken Out of State; 

Penalty. 

1904, Art. 72, Sec. 8. 1894, Ch. 380, Sec. 8. 1900, Ch. 380. 

9, Any person who shall have oysters in his possession which con- 
tain more than live per cent, of shells, and oysters less than two and 
one-half inches from hinge to mouth, which for the purpose of this ar- 
ticle are declared to be unmerchantable oysters, shall be guilty of a 
misdeameanor; and in ascertaining such percentage the officers of the 
oyster police force and the measurers and inspectors are hereby author- 
ized and directed to select such amount of oysters from any pile, hold, 
bin, house or other place as he may think proper and to require the 
same to be culled and disposed of, as provided in section 11 of this ar- 
ticle; and any person violating any of the provisions of this section shall 
be subject to the penalties and fines provided in section 11 of this ar- 
ticle, in precisely the same manner as if he were a captain of a boat. 

Possessing UncuUed Oysters; Penalty. 

1906, Ch. 439, Sec. 8A. 

10. It shall be unlawful for any person to transport, or attempt to 
transport, outside of this State, for any purpose whatsoever, unmer- 
chantable oysters, as declared in the preceding section of this article, 
whether the unmerchantable oysters be taken from or caught on the 
natural bars or beds of this State, or from private beds and lots in this 



13 

state; and any violation of the provisions of this section shall be deemed 
a misdeameanor, and the captain or person in charge of any boat or 
vessel used in violation of the same shall, upon conviction of violating 
the provisions of this section before any justice of the peace or court 
of competent jurisdiction, be sentenced to the House of Correction for a 
period of not less than three months nor more than six months, and the 
boat and vessel so used shall be forfeited, but shall be released upon the 
payment of a fine not less than $100 and not more than $300, and the 
cargo of such vessel shall be confiscated to the State and shall be dis- 
tributed under the supervision of the commander or some deputy com- 
mander, or general oyster inspector of the State Fishery Force,upon the 
natural rocks and bars. 

Unlawful to Purchase Cargo Unless Measurer or Inspector 

be Present; Unmerchantable Oysters to be Re- 

turned to Place Whence Taken and Scattered. 

Ibid., sec. 10. 1894, ch. 380, sec. 9. 1900, eh 380. 
11, It shall be unlawful for any packer, commission man or other 
person to purchase or receive any cargo, or any part of a cargo, of oys- 
ters unelss a general inspector, measurer or special inspector shall be 
present, and said inspector or measurer shall cause to be culled any por- 
tion or all of the cargo necessary to determine the percentage of culls 
in said cargo, and if the said percentage shall be more than five per 
<;ent. of unmerchantable oysters of the portion of cargo so measured* 
then the said cargo shall be deemed to be uncuUed, and the captain, 
master or person in charge of such oysters shall be required to cull the 
■whole cargo, and, in case said cargo contains more than five per cent, of 
unmerchantable oysters, be fined the sum of twenty-five dollars, and in 
addition to that the sum of six cents per bushel for the entire cargo, 
including all shells and oysters, large and small, in his or their posses- 
sion or charge, and also a further fine of one additional cent per bushel 



14 

on the entire cargo for each additional one per cent, of unmerchantable 
oysters which said cargo may be found to contain; and the inspestor or 
measurer, after ascertaining the quantity of unmerchantable oysters so 
culled out, shall give the captain or other person in charge of said ves- 
sel a certificate showing the number of bushels of such unmerchantable 
oysters, and said captain or other person in charge shall return the said 
unmerchantable oysters so culled out and scatter them on the ground 
or rocks whence taken, under the direction of the deputy commander 
of the oyster police boat on the beat; and upon such delivery and scat- 
tering, the deputy commander or other person in charge of the oyster 
police boat shall endorse the said certificate as to the number of un- 
merchantable oysters so scattered, which certificate shall entitle the 
captain, his assignee, or any other person entitled thereto to receive the 
sum of ten cents per bushel for each bushel of unmerchantable oysters 
so disposed of and scattered; and the Comptroller of the Treasury shall, 
upon presentation of such certificate so endorsed, draw his warrant on 
the oyster fund in favor of the party entitled to the same for the 
amount therein specified. The fine of twenty-five dollars and the per 
bushel rate fine herein mentioned to be recovered on conviction before 
a justice of the peace or a court of competent jurisdiction, and in the 
event that the party who has thus violated the provisions of this article 
be supposed to be financially irresponsible, the officer preferring the 
charge shall demand of the purchaser of the cargo to withhold and pay 
over to the proper authority such amount, and if said purchaser shall 
refuse or fail to do so, the amount shall be recovered from him by writ of 
fieri facias on the judgment obtained against the party who has so vio- 
lated the law. The certificate herein provided for shall be in form fol- 
lowing, and the blank spaces shall be filled out in ink, and numbers shall 
be written in full : 



15 

Baltimore, , 19 

This is to certify that captain , of bchooner 

, has on board bushels of un- 
merchantable oysters, to be scattered on the grounds whence taken, un- 
der the supervision of , deputy commander, serving 

in the waters of , and upon the endorsement by said 

deputy commander or officer in charge of his boat, the said , 

or order, is entitled to receive the sum of dollars. 

(Signed) 

Inspector and Measurer. 

For 

Endorsed : 

Bushels dumped and scattered 

(Signed) 

Deputy Commander State Fishery Force. 

Vessels to be Kept at Wharf Until the Cargo is Inspected; 

Form of Certificate to be Given by Inspector; 

Penalty for Violating this Provision. 

1904, Art. 72, Sec. 11. 1894, Ch. 380, Sec. 10. 
12. It shall be the duty of the captain or other person in charge 
of any vessel from which oysters are being taken, as provided in section 
11 of this article, to keep said vessel at the wharf or other place of de- 
livery until the inspector of oysters shall have inspected the oysters 
damped on deck, as provided for in the preceding section, and give a 
certificate in form following : 

Baltimore, , 19 

This is to certify that I have this day inspected the oysters con- 
tained in the vessel , captain ; , de- 
livered to , and found said cargo to contain 

per cent, of marketable oysters. 

(Signed) 

Inspector of Oysters. 



16 

And any violation of this section by any captain or other person in 
charge of any vessel shall be a misdemeanor, and he shall be fined the 
Bum of one hundred dollars for every such offense. 

Evading in any Manner the Provisions of this Article; 

Penalty, 

Ibid., Sec. 12. 1894, Ch. 380, Sec. 11. 1900, Ch. 380. 

13. Any packer, commission man, boatman or other person who 
shall conspire or agree with any other person to evade any of the pro- 
visions of this article, or shall connive at or participate in such violation, 
shall be guilty of a misdemeanor. It shall be unlawful for any captain 
or other person in charge of a vessel to discharge his oysters, or for any 
packing house or any other person to receive oysters between the hours 
of 8 o'clock P. M. and 6 o'clock A. M. Any violation of this section 
shall be a misdemeanor punishable by a fine of not less than one hun- 
dred dollars and not more than five hundred dollars for each offense on 
conviction before a court of competent jurisdiction; one-half of said 
fine to go to the informer and the other one-half to the Comptroller to 
be placed to the credit of the oyster fund, unless the informer be an of- 
ficer of the State Fishery F'orce. And the general inspectors and 
measurers or special inspectors shall be on duty continuously during the 
working or delivery hours, viz : from G A. M. to 8 P. M. 

Measurers and Inspectors to Enforce this Article. 

1904, Art. 72, Sec. 13. 1894, Ch. 380, Sec. 12. 

14. It shall be the duty of general measurers and inspectors of oys- 
ters and other officers of the police force to supervise the operation of 
this article and diligently to aid in the enforcement of its provisions, 
and they and any of them are authorized and empowered to enter into 
any house or boat, or any other place where oysters may be dumped or 
stored, to inspect the same at any time; and any packer,commission man 
or boatman who shall refuse to open hia house or boat where oysters- 



17 

may be dumped or stored for the inspection thereof by the officer whose 
duty it shall be to inspect the same, and any person who shall conspire 
or agree with any other person to evade any of the provisions of this 
article, or who shall connive at or participate in such violation, shall be 
deemed guilty of a misdemeanor and subject to the penalties prescribed 
in section 13 of this article. 

Refusing to Allow Inspection; Penalty. 

Ibid., Sec. 14. 1894, Ch. 380, Sec 13. 
\S. Any general measurer or inspector of oysters in this State who 
shall knowingly permit any evasion or violation of this article to take 
place without causing the arrest of the offender shall be guilty of a 
misdemeanor and, upon conviction of the same, shall be dismissed from 
the service and be fined not less than fifty dollars nor more than three 
hundred dollars, iu the discretion of the court or justice of the peace. 



TIME FOR TAKING OYSTERS. 
Time Within Which it Shall be Lawful to Catch 
Oysters; Penalty. 

Ibid., Sec. 15. 1894, Ch. 380, Sec. 14. 1900, Ch. 380. 
16. It shall be unlawful for any person or persons to take or catch 
oysters, or have oysters in his or their possession, between the twenty- 
fifth day of April and the first day of September in each and every year; 
provided, that oysters caught before the twenty-fifth day of April may 
be disposed of at any time before the thirtieth day of April; nor shall 
it be construed to prevent any person from taking oysters at any time 
from his private beds within the State for private use or transplanting 
or cultivating but not for sale. Persons violating the provisions of this 
■section shall be deemed guilty of a misdemeanor. 



18 
Penalty for Violating Sections 8 and 16. 

Ibid., Sec. 16. 1894, Ch. 380, Sec. 15. 

17. A.ny person who shall violate any provision of sections 8 and 16 
of this article shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof before any court of competent jurisdiction shall be fined 
not less than fifty dollars nor more than three hundred dollars, in the 
discretion of the court or justice of the peace by which such person 
shall be tried, or be imprisoned in the county or city jail or in the House 
of Correction for not less than one month nor more than twelve months, 
in the discretion qf such judge or justice of the peace; provided, how- 
ever, that any owner, master or person in charge of a canoe or boat used 
in taking or catching oysters with rakes or tongs who shall be convicted 
of having in his possession on said canoe or boat oysters containing 
more than five per cent, of unmerchantable oysters, as provided in sec- 
tion 9, shall be requiied to cull his cargo and dispose of the culls as re- 
quired in section 11 of this article, and shall be fined a sum not less than 
ten dollars nor more than fifty dollars, in the discretion of the judge or 
justice of the peace before whom such person shall be tried; one-half of 
every fine imposed for any violation of this section shall be paid to the 
informer, unless he be an officer of the State Fishery Force. 

Catching Oysters on Sunday or at Night, Unlawful; 

Penalty. 

1904, Art. 72, Sec. 17. 1894 Ch. 380, Sec. 16. 

18, It shall be unlawful for any person to take or catch oysters on 
Sunday or at night; and any person violating this section shall, on con- 
viction thereof, be fined a sum of not less than fifty dollars nor more 
than three hundred dollais, or sentenced to the House of Correction for 
a period of not less than three months nor more than one year, or for- 
feit the boat, vessel or canoe used in violation of this section, in the 
discretion of the judge or justice of the peace trying the case. 



19 

Disposition of Fines Under the Provisions of 
This Article. 

Ibid., Sec. 18. 1894, Ch. 380, Sec. 17. 1910, Ch 413, Sec. 18. 
IQ, The tines accruing under any of the provisions of this article 
shall be paid by the sheriff, constable or officers of the State Fishery 
Force collectiug the same within ten days to the Comptroller of the 
State Treasury, or to the clerk of the circuit court for the particular 
county where nuch tioe may accrue, or to the clerk of the criminal court 
of Baltimore, if such tine shall accrue in said city; and it shall be the 
duty of the State's attorney for the several counties and for the city of 
Baltimore to keep an account of said fine imposed and to make a month- 
ly report thereof to the clerk of the circuit court for their respective 
counties, or to said clerk of the criminal court, as the case may be, and 
to see that said tines are duly collected and paid over, as aforesaid, and 
the surplus, after paying all costs for prosecution in such cases, shall be 
paid to the State Comptroller for the use of the oyster fund, with a 
statement of the tines imposed and costs of the same. The justice of the 
peace or clerk of the court which imposes said fine in any and every 
case shall, in writing, inform the Comptroller of the Treasury of the tine, 
upon whom laid, aud the amount of said tine, with date of same. Any- 
one who shall violate any provisions of this section shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof before any judge 
or justice of the peace in this State, shall be lined not less than twenty- 
live dollars, nor more than three hundred dollars, in the discretion of the 
court or justice of the peace before whom such person shall be tried, or 
be imprisoned in the county jail for not less than one month, nor more 
than six months. And no part of a fine or cost so collected shall be 
paid or allowed by the court to any State's attorney as a fee where said 
State's attorney receives a fixed salary for his services. 



20 

DREDGING. 

Using Steamer or Power Boat in Catching Oysters 
Unlawful; Penalty; License. 

1904, Art. 72, Sec. 19. 1894, Ch. 380, Sec. 18. 1910. Ch. 413, Sec. 19. 

20. No steamer or power boat of any kind shall be used or em- 
ployed in catching or taking oysters in the waters of the State with 
scoop, dredge or similar instrument ; and the captain of any boat 
licensed to take or catch oysters with scoop, dredge or similar instru- 
ment, who shall have on his boat, so licensed, any engine or motor of 
any kind, whether attached to said boat or not, which is adapted to or 
can be used in the propulsion of said boat, shall be guilty of a misde- 
meanor, aud upon conviction thereof shall be fined not less than fifty 
dollars nor more than three hundred dollars; and no other boat shall be 
used in catching oysters with scoop, dredge or similar instrument with- 
out first having been licensed, as hereinafter provided. 

Dredging License; Exempted Waters; Transfer or License 
in Case of Sale of Boat ; Proviso. 

Ibid., Sec. 20. 1894, Ch. 380, Sec. 19. 1900, Ch. 380. 

21. The Comptroller of the Treasury shall, upon application of 
any person who has been a resident of this State for twelve consecutive 
months next preceding his application, issue a license to such resident, 
and to no other person, to employ such boat in taking or catching 
oysters with scoop, dredge or similar instrument within the waters of 
the Chesapeake bay, Potomac river and in Eastern bay, outside of a 
line drawn from the southwest corner of First Kent point to north end 
of Poplar Island; provided, that nothing herein contained shall authorize 
the taking or catching of oysters with scoop, dredgo or similar instru- 
ment on any oyster bar within one and one-half miles of Tolley's point, 
Sandy point, Hackett's point, Thomas' point, Holland's Island bar and 



21 

Three Sisters; nor within one and one-half miles of Flolland'spoint bar, 
nor of Swan's point bar ; nor between Poplar Island and the mainland 
of Talbot county, south of a line drawn from the north point of Poplar 
Island to Low's point on the mainland; nor north of a line drawn from 
the end of the south bar of Poplar Island to Pawpaw cove, on Til^h- 
man's Island ; nor within one-quarter of a mile west of Poplar Island ; 
nor within one-half of a mile of Plum point; nor within the boundary 
lines of any county, unless herein otherwise specified; which license 
shall hold good for one season only and shall only authorize the catch- 
ing of oysters between the first day of November and the fifteenth day 
of March, on which day the dredging season shall end ; provided, how- 
ever, that in the waters of the Potomac river the beginning of the 
dredging season shall be on the fifteenth day of October; but it shall 
be lawful for the owner of any such licensed boat whenever said owner 
shall sell and convey by bill of sale for a bona tide consideration such 
boat to any person who has been a resident of the State of Maryland 
for at least one year to transfer said license to said purchaser with said 
boat, which license, when transferred, shall entitle said purchaser to the 
same privileges of catching and taking oysters with said boat in the 
waters of this State that the original owner had before such assign- 
ment ; provided, said seller and buyer appear before the Comptroller of 
the Treasury and make oath before him to all facts, matters and things 
required of said original owner of such boat before taking out such 
license, upon which said license said Comptroller shall certify in writing 
that the said purchaser has taken said oath, for which said certificate 
the said purchaser shall pay to the Comptroller the sum of five dollars 
for the use of the oyster fund. The provisions of this section in rela- 
tion to the time of taking oysters, the time of expiration of license, and 
the transfer of ownership, shall apply to all vessels licensed by any coun- 
ty in this State to take and catch oysters with dredge, scrape or scoop. 



22 

Dredging on Unlicensed Vessels Unlawful ; Scoop or 

Dredge on Board Such Vessel Shall be 

Prima Facie Evidence. 

1904, Art. 72, Sec. 21. 1894, Ch. 380, Sec. 20. 

22. It shall not be lawful for the owner or master or any person 
on board of a vessel in this State to aiSx any crank, spool, winder or 
other machinery or equipment for operating or handling scoops or 
dredges, or to have on board any vessel a scoop, scrape or dredge, with 
intent to affix the same to said vessel for use in taking or catching 
oysters, without having first obtained a license to take or catch oysters 
with a scoop or dredge as aforesaid ; and the fact of having such scoop' 
dredge or scrape on board of any vesNel shall be prima facie evidence 
of an intent to use the same contrary to this sectiou. 

Oath of Owner of Boat ; Penalty for Violating 
This Provision. 

Ibid., Sec. 22. 1894, Ch. 380, Sec. 21. 1896, Ch. 418. 

23. The owner of such boat shall make oath before the Comp- 
troller or his clerk, or if the owner be a resident of Baltimore city he 
may make oath before the clerk of the Court of Common Pleas, or if a 
resident of county he may make oath before the clerk of the circuit 
court for said county, at the same time exhibiting his custom-house 
license to said officer before whom he makes the oath that he is the 
bona fide owner of such boat described in the license ; that he has been 
a resident of the State for the time hereinbefore prescribed ; that there 
is no lien on said boat held by a non-resident, directly or indirectly, and 
that the said boat is not held and shall not be knowingly used with an 
intention to violate or evade provisions of this article. And such appli- 
cant shall produce before the Comptroller at the time of making such 
application the certificate of the taking of such oath and the gross 
custom-house tonnage, which gross tonnage the owner shall swear to, 



23 

and shall further make oath that before the measurement of said vessel 
by the custom-house officers the said vessel was not dunna^^ed, so as to 
evade the just and proper meaeure'iient of tonnage of said vessel, with 
a view of evading a proper and just sum for the licensing of said 
vessel. The master of such boat shall also make oath before the Comp- 
troller or his clerk, or if a resident of Baltimore city before the clerk of 
the Court of Common Pleas, or before the clerk of the circuit court for 
the county wherein he may reside, that he has been a resident of the 
State for the twelve months next preceding the time of taking such 
oath. Anyone violating this section shall be deemed guilty of a misde- 
meanor, and upon conviction before a judge of the criminal court of 
Baltimore city, or a judge of the circuit court for the county, or a jus- 
tice of the peace having jurisdiction, as the case may be, shall be fined 
a sum not less than tifty dollars nor more than three hundred dollars, or 
be imprisoned iu the House of Correction for a period of not less than 
three months nor more than six months, or both, in the discretion of 
the judge or justice of the peace. 

Cost of Boat License ; Commander of State Fishery Force 
to Inspect Vessel ; Proviso ; Fees. 

1904, Art. 72, Sec. 23. 1894, Ch. 380. Sec 22. 1900. Ch. 380. 1908, 
Ch. 104. 1910, Ch. 413, Sec. 23. 1912, Ch. 804. 

24. After granting such license, the Comptroller shall receive two 
dollars and eighty-five cents for every gross ton the boat shall measure, 
and where any license issued by authority of any county, the clerk of 
the circuit court for the county shall receive for such license from the 
applicant one dollar and ninety cents per ton for every gross ton 
the boat may measure, except boats of less than five tons gross meas- 
urement, when the license shall be eight dollars for each of said boats, 
said measurements to be gross tonnage of custom-house meas- 
urement; but no allowance or deduction shall be made or allowed 



24 

by reason of dunnaging, and the captain or masters shall always have 
such license on board of their boats, and shall exhibit the same wher- 
ever it shall be demanded by any duly authorized officer. It shall be 
the duty of the Commander of the State Fishery Force, and any officer 
under his command, at any time that he or they shall deem it proper, 
to inspect and verify the measurements of any boats and their gross 
tonnage, and the measurement ascertained by such officer shall be con- 
clusive and final ; and any license granted shall be corrected and amend- 
ed in accordance with such measurements and the appropriate license 
fee hereinbeforti named paid in accordance with such corrected measure- 
ment, and the right granted by any license already issued shall be sus- 
pended until the full payment of such license fee is made. And one- 
third of any license fee received by the clerk of the circuit court for any 
county in this State shall be paid to the Comptroller of the State Treas- 
ury by the said clerk within ninety days after receiving the same, to be 
by the said Comptroller credited to the oyster fund ; and all acts 
and all public general or public local laws inconsistent with the provis- 
ions oi this section be and the same are hereby repealed. 

Penalty for Violating Provisions of Sections 20 to 22 

Inclusive. 

1904, Art. 72, Sec. 24. 1894, Ch. 380, Sec. 23. 
25. Any master or person in charge of any vessel who shall violate 
any of the provisions of the preceding sections, from 20 to 22 inclusive, 
by taking oysters unlawfully shall be deemed guilty of a misdemeanor, 
and. upon indictment and conviction in any circuit court in this State, 
or in the criminal court of Baltimore, before which such case is tried, 
shall be sentenced to the House of Correction for a term not less than 
three months nor more than one year ; and the boat or vessel used in 
such violation, together with the papers, furniture and tackle on board 
of said boat or vessel at the time of said violation shall be forfeited, but 



25 

shall be released upon the payment of not less than one hundred dollars 
nor more than five hundred dollars and costs and expenses for each and 
every violation of the preceding sections, in the discretion of the court. 

Arrest of Offenders. 

Ibid., Sec. 25. 1894, Ch. 380, Sec. 24. 
26. Upon information given under oath to any judge of the circuit 
court or justice of the peace of any violation of any of the provisions of 
this article, he shall issue his warrant to the sheriff or any constable re- 
quiring any of them to whom it may be directed to summon a posse 
comitatus, if necessary, and proceed forthwith to arrest the party or 
parties alleged to have been engaged in the violation of this article, and 
to seize and take possession of any boat, canoe or vessel, together with 
all her tackle and apparel on board of the same, and deliver the same to 
the judge of the circuit court or a justice of the peace of this State, to 
be dealt with according to the provisions of this article ; provided, that 
any justice of the peace before whom any person is brought charged 
with a violation of any of said sections of this article, the punishment 
for which is imprisonment in the House of Correction, shall grant the 
parties charged a speedy hearing, and, if in his judgment the facts ap- 
pear to warrant a conviction, he shall hold the parties charged for their 
appearance before the grand jury of the county for which he is appointed 
at the succeeding term of the circuit court. 

What Firearms May be Allowed on Vessels ; Penalty for 

Violation. 

Ibid., Sec. 26. 1894, Ch. 380, Sec. 25. 

27. It shall not be lawful for the owner or master, or any person 

on board of or having control over any boat or vessel licensed to catch 

or take oysters in the waters of this State with scoop, dredge or similar 

instrument, to have or permit to be kept on such boat or vessel any 



26 

cannon, howitzer or any piece of ordnance, or any swivel, musket, ritle 
or other piece or species of firearms larger than a pistol, except two- 
shot-guns not larger than a number ten gauge, and not io use larger 
than number one shot ; any person who shall offend againyt any of the 
provisions of this section, or who shall resist any officer authorized under 
this article to make arrests while such officer is in discharge of his duties 
hereunder, shall be deemed guilty of a felony, and upon indictment and 
conviction thereof in any court having jurisdiction shall be punished by 
a fine of not less than fifty dollars nor more than two hundred and fifty 
dollars, and imprisoned in the House of Correction for a term of not 
more than six months, in the discretion of the court. Any person 
who shall discharge any species of firearms at or toward any officer 
authorized under this article to make arrests, whilst such officer is in 
discharge of his duties hereunder, or at or towards any vessel upon 
which such officer shall be whilst in the discharge of his duties here- 
under, shall be deemed guilty of a felony, and, upon indictment and 
conviction thereof in any court having jurisdiction, shall be punished liy 
a fine of not less than one hundred dollars nor more than one thousand 
dollars, and shall be confined in the penitentiary for not less than one 
year nor more than two years, in the discretion of the court. 

Sheriffs and Constables to Arrest any Person Violating 
These Provisions and Seize Boat. 

1904. Art. 72, Sec. 27. 1894, Ch. 380, Sec. 26. 

28. It shall be the duty of the sheriff, constable or officers of the 
State Fishery Force to arrest any person, and to seize any canoe, boat 
or vessel found violating any of the provisions of this article and bring 
the offender or offenders before a judge of a court having criminal juris- 
diction, or a justice of the peace most convenient or accessible, to be 
dealt with as herein provided. 



27 

When Vessel Shall be Forfeited ; Sale of Vessel ; Appli= 

cation of Proceeds of Sale ; Proviso ; Right 

of Appeal ; Persons Having Lien 

may File Petition. 

Ibid.. Sec. 28. 1894, Ch. 380, Sec. 27. 
29. The juds;e or justice of the peace before whom any person or 
any vessel raay be brought, charged with violating any of the preceding 
sections of this article, shall either give the case or cases an immediate 
hearing, or, at the instance of the party charged, shall appoint some 
early day within the next ten days to hear the case, the party charged 
giving such good and sufficient bail as said judge or justice shall require 
for his appearance at the trial ; and the said vessel shall be held and 
safely kept at the cost of the party charged or of the said vessel, as the 
case may be ; and in cane the master, owner or other person in charge 
of said vessel shall or ^hall not be arrested, then the vessel used in vio- 
lation of the provisions of this article shall be seized, and the charge 
against the same shall be heard by the said judge or justice of the peace 
and she shall be dealt with as herpinafter provided ; and if the said 
master, owner or other person in charge of said vessel shall not appear, 
after giving bail, as hereinbefore provided, then in either case the 
judge or justice of the peace may proceed to hear the case and deter- 
mine whether or not the said vessel has been employed in violation of 
any of said sections ; and any vessel so employed is hereby declared to 
be forfeited. And in case the said judge or justice shall find the vessel 
has been so unlawfully employed, then he shall declare the same to be 
forfeited, and shall so enter upon his docket, together with all her tackle, 
apparel, appurtenances, boats, sails and rigging ; and he shall authorize 
and direct any sheriff or deputy sheriff to sell said vessel, together with 
all the apparel, tackle, boats and other things belonging thereto, at pub- 
lic auction, to the highest bidder for cash, after giving at least twenty 



28 

days' notice of the time and place of said sale printed in some newspaper 
published in the county in which the case may be tried ; and the said 
officer shall be allowed the actual expenses of seizure, sale and keeping 
of said vessel and poundage fees, and the proceeds of said sale shall be 
first applied to the payment of all the costs, charges and expenses of 
the seizure, trial and sale of said vessel, and the balance of said pro- 
ceeds, if any, shall be paid to the clerk of the court as herein provided, 
and by him to the Comptroller to the credit of the oyster fund, unless a 
part thereof be remitted, as provided by section 25 ; provided, that the 
owner or any other person having any mortgage or any other lien on 
the said vessel shall in all such cases have the right of appeal to the 
circuit court at any time within sixty days after judgment rendered, and 
upon the trial of said appeal the court shall have the right to amend 
the warrant or any of the proceedings before the justice of the peace so 
as to bring the case to trial upon its merits; provided, that no new of- 
fense shall be charged. And in case such an amendment shall work a 
surprise to defendant he shall have further time to prepare for trial, and 
the rules governing amendments in cases originating in the said court 
shall govern such amendments so far as they are applicable, and upon 
bond in an amount equal to the value of paid vessel being given by the 
person praying the appeal satisfactory to said justice the said vessel may 
be released pending the said appeal. Any person or persons ofi'eriug 
to stand bail for any person or persons charged under the provisions of 
this article shall be sworn by the judge or justice of the peace trying 
the same as to his actual worth in unincumbered real estate, and if he 
sweara falsely, upon proof of the same before any court of competent 
jurisdiction, shall be deemed guilty of perjury and subject to all the 
pains and penalties of the same ; the judge or justice, before the party 
is sworn, shall acquaint him or her with the pains and penalties of false 
swearing. Any person having a lien upon any vessel seized hereunder 
may tile a petition, and the court, if the interests of justice will per- 



29 

mit, may allow him a portion of said proceeds, but in all such cases the 
court shall retain a sufficient sum to pay costs, charges, expenses and 
a reasonable and proper equivalent to a fine, and amendment to the 
forms and procedure shall be allowed, as hereinbefore provided, in all 
cases of appeal from the judgment of the justices of the peace. 

Sale of Boats of Non=Residents; Proviso. 

1904, Art. 72, Sec. 29. 1894, Ch. 380, Sec. 28. 
30, Any boat, owned wholly or in part by any non-resident, 
used in catching oysters in this State with scoop, dredge or similar in- 
strument, is hereby declared forfeited, and shall be condemned by order 
of any judge of a circuit court most accessible to the place of her cap- 
ture, or if captured in Baltimore city, by order of the city court, and 
shall be sold by the sheriff of the county where condemned, or, if con- 
demned in Baltimore city, by the sherifif of said city, to the highest bid- 
der for cash after twenty days' notice of the time and place of sale; such 
notice to be published at least three times in a newspaper having the 
largest circulation printed in Baltimore city or in the county where con- 
demned; one-fourth of the proceeds of such sale shall be paid to the 
party making the capture, not including the officers and crews of the 
State Fishery Force, who shall receive no part of said tine, and the bal- 
ance shall be paid into the treasury of the State to be credited to oyster 
fund ; provided, however, that any person claiming an interest in such 
vessel shall have the right to make an appeal upon giving to the State 
a good and sufficient bond, as required in such cases; provided, how- 
ever, that when the bona fides of the owner of any vessel shall be called 
in question, the burden of proving such bona fides shall be upon those 
claiming to be such owners ; and provided also, that upon taking such 
appeal and tiling such bond the said vessel shall be released from custody. 



30 

OYSTER FUND. 
What Moneys are to be Placed to the Credit of Such Fund 

Ibid., Sec. 30. 1894, Ch. 380, Sec. 29. 
31. All moneys received or obtained from dredging licenses isf^ued 
under the provisions of the preceding sections of this article, and one- 
third of the moneys received from the county scraping licenses, and all 
tines, penalties or forfeitures imposed in pursuance thereof, shall, upon 
the warrant of the Comptroller, be paid into the treasury and place<l to 
the credit of a fund which shall be called the oyster fund, and the same 
shall be kept separate and distinct from other funds in the treasury, and 
shall only be drawn upon for the purpose of maintaining sufldcient and 
proper police regulations for the protection of fish and oysters in Mary- 
land waters, and in the payment of the officers and men, and keeping in 
repair and supplying the necessary means of sailing the boats and ves- 
sels of the State Fishery Force. And the Comptroller is hereby re- 
quired to state in his annual report particularly the receipts and expend- 
itureH on account of said funds and the balance standing to the credit 
of the State at the time of making such report. 



PAINTED NUMBERS FOR DREDGING VESSELS. 
License Numbers; Application of This Section; Fees. 

1904, Art. 72. Sec. 31. 1894, Ch. 380, Sec. 30. 1910, Ch. 413, Sec. 31. 
32. The Comptroller shall have painted in black figures, on white 
canvMs, one number corresponding to the license to catch oysters with 
scoop, scrape, dredge or other similar instruments ; each figure shall be 
twenty-two inches in length and of proportionate width, and the figures 
at least six inches apart. And he shall give to each person taking out 
such license one number thereof, which shall be securely - sewed upon 
the starboard side and in the middle of that part of the mainsail which 



31 

is above the close reef; this number shall be placed in an upright posi- 
tion and worn at all times during the dredging season, and returned at 
the end of the season, and shall not be concealed or defaced, and no 
other number shall be exposed to view or used than that which is fur- 
nished by the Comptroller. Any person who shall violate the provisions 
of this section shall be deemed guilty of a misdemeanor, as provided in 
section 17 of this article ; and in any such case the boat or vessel shall 
be forfeited and condemn ed, in the discretion of the judge, in the 
manner as provided io section 29. The provisions of this section shall 
apply to all boats licensed to take oysters with scrape or scoop by any 
county in this State, except that the numbers for such boats shall be 
painted red instead of black ; and the numbers shall be delivered by 
the Comptroller to the clerks of the courts as they may be ordered ; and 
at the end of the season all licenses not used shall be returned by said 
clerks to the Comptroller; and the said clerks shall also pay totheCom- 
troller one-half of all moneys received by him for such licenses, which 
sum shall be placed to the credit of the oyster fund. 



DREDGING IN EXEMPTED WATERS. 

Sailing in Exempted Waters Unlawful; Officers to Arrest 

Offenders. 

Ibid., Sec. 32. 1894, Ch. 380, Sec. 31. 
33. If any boat or vessel shall be seen sailing on any of the waters 
of this State which are exempted from dredging by law in the same 
manner in which they sail to take or catch oysters with scoop, scrape, 
drag or dredge or similar instruments, the said boat or vessel shall be 
pursued by any officer authorized by this article to make arrests, and if 
said boat or vessel apprehended by said officer shall be found to have 
on board any wet oysters, or the dredges, or dredge line, or deck wet, 
indicating the taking of oysters at said time, and properly equipped for 



32 

takiDg or catching oysters with scoop, scrape, drag or dredge or similar 
instrument, such fact shall be prima facie evidence that the said boat or 
vessel has been used in violation of the provisions of this article; and it 
shall be the duty of the officer to arrest the person in command of said 
boat or vessel, together with all her equipments, and bring the same be- 
fore a judge or justice of the peace of the county having jurisdiction, 
or, if in the Chesapeake bay, in the county most accessible or conveni- 
ent, to be dealt with according to law ; provided, that nothing in this 
article shall be construed to prohibit vessels from seeking harbor in any 
waters of this State. The provisions of this section shall extend to all 
boats licensed to take oysters with scoop or scrape by any county of this 
State. 



STATE FISHERY FORCE. 
Ammunition for Guard Boats to Carry out This Provision. 

1904, Art. 72, Sec. 33. 1894, Ch. 380, Sec. 32. 
34. The Board of Public Works are empowered and directed to 
purchase for each of the guard boats such arms and ammunition as may 
be necessary to make them efficient, and the officers of such boats shall 
be authorized to use such arms, in their discretion, for the enforcement 
of the provisions of this article. 

Waters to be Divided Into Seven Districts ; Counties In= 
eluded in Each District ; Guards for Each District. 

Ibid., Sec. 34. 1894, Ch. 380, Sec. 33. 
33. For the more efficient working of the State Fishery Force, 
the waters of this State shall be divided into seven districts, of which 
the waters of Kent and Queen Anne's shall be the first; the waters of 
Queen Anne's and Talbot shall be the second ; the waters of Talbot and 
Dorchester, the third ; the waters of Wicomico, the fourth ; the waters 



33 

of SomerHet, the fifth; the waters of Anne Arundel, the sixth; the 
waters of St. Mary's, Charles and Calvert, the seventh. Each of said 
districts shall be guarded by one sailing vessel, except the second, which 
shall be guarded by two; and the third, which shall be guarded by four; 
and the sixth and seventh, which shall be guarded by two each. And 
it shall be the duty of the deputy commander of the first district to 
guard the wafers of Chester river belonging to Queen Anne's county, 
and the waters of Kent county, including Swan Point bar; and the duty 
of the first commander of the second district to guard the waters of 
Eastern bay and its tributaries; and the duty of the second commander 
of the second district to guard the tonging reservation of Poplar Island 
narrows and the waters of Talbot county as far down as Black Walnut 
Point ; and it shall be the duty of one of the deputy commanders of the 
third dititrict to guard the waters of Choptank river and its tributarieH 
as far as Cambridge ; and the duty of the second to guard the waters of 
Little Choptank river, in Dorchester county; and the third to guard the 
waters of Fishing bay, Honga river, Tar bay. Hooper's straits, Holland's 
straits and walerH of Dorchester county up to the line dividing Dor- 
chester county from the counties of Wicomico and Somerset ; aod the 
fourth to guard the waters of the Great Choptank liver from Cambridge 
up as far as oysters grow, and the remaining commanders to guard their 
respective districts ; provided, that the Board of Public Works or the 
Commander of the Fishery Force are hereby authorized and empowered 
to order the deputy commander to do duty in any of the waters in the 
State when, in the judgment of either, the same may be necessary. 

Board of Public Works to Appoint Commander and 

Deputies of Fishery Force ; Term of Office ; 

Penalty for Failure to Discharge Duty ; 

Who May not be Eligible for 

Said Office. 

1904, Art. 72. Sec. 35. 1894, Ch. 380, Sec. 34. 1900. Ch. 380. 
36. The Board of Public Works shall have power to appoint a 



34 

suitable person to command said force, who shall be known as the Com- 
mander of the State Fishery Force, and shall command the one steamer 
that is regularly in commission as a part of the State Fishery Force, aod 
to appoint a deputy commander for each sailing vessel for their respect- 
ive districts from among persons of the counties whose waters comprise 
the different districts, who shall be commissioned by the governor ; and 
the said deputy commanders shall have power to appoint their subor- 
dinates and select their crews ; and the terms of ofSce of said com- 
manders shall be for two years, unless sooner removed for incompetency 
or neglect of duty; and if any of the said officers shall fail in the dis- 
charge of his duty by reason of collusion with parties interested in vio- 
lating any of the provisions of this article, he shall be deemed guilty of 
a misdemeanor, and, upon indictment and conviction in a court of com- 
petent jurisdiction, shall be fined or imprisoned, at the discretion of the 
court. No person shall be eligible to the office of commander of the 
State Fishery Force or deputy commander who is the owner of or who 
has any interest in any scrape or dredge boat ; and it is hereby made 
unlawful for the Board of Public Works to appoint any such person as 
commander or deputy commander of any boat or vessel in the State 
Fishery Force. The steamers and boats belonging to the State Fishery 
Force are to be used only on business pertaining to its official duties or 
on State business. 

Removals for Neglect of Duty. 

1904, Art. 72. Sec. 36. 1894. Ch. 380. Sec. 35. 
37. The Board of Public Works shall have power to remove any 
officer of said force for neglect of duty or incompetency ; and the com- 
mander of the force shall have power to suspend any officer of the force 
for a period not exceeding thirty days for any neglect of duty ; and any 
officer commanding in f^aid force shall have power to remove any subor- 
dinate under his command and to appoint a person to fill the vacancy 



35 

whenever the interest of aaid service may, in his judgment, require him 
so to do 

Powers of the Board of Public Works in the Matter of 
Reducing the Expenses of the State Fishery Force. 

Ibid., Sec. 37. 1894. Ch. 380, Sec. 36. 1896, Ch. 418. 
1900, Ch. 380. 

38. The Board of Public Works shall have power, and it shall be 
their duty, to keep the steamers of said vessels in good repair ; and for 
th« purpose of reducing the expense of the State Fishery Force, the said 
board is authorized and hereby required to lay up and put out of com- 
mission one steamer, and under no circumstances shall said steamer be 
put in commission except during the dredging season, and only then in 
such emergency as the Board of Public Works may judge is necessary 
that both steamers are required to enforce the provisions of this article. 
And the Board of Public Works shall appoint a deputy commander, at a 
salary of ei«hty-three dollars thirty-three and one-third cents per month, 
who shall in such cases take command of said steamer and ship a crew, 
and as soon as the emergency is passed the said deputy commander shall 
discharge said crew and place said steamer out of commission again, 
only one man to be retained to act as watchman, who shall receive not 
more than thirty dollnrs per month while so employed. And for the 
purpose of still further reducing expenses, the said Board of Public 
Works is authorized, in its discretion, to sell one of the steamers and to 
turn the funds arising from such sale over to the Comptroller, to be 
placed to ihe credit of the oyster fund. The Board of Public Works is 
further authorized and required to reduce the number of employes on 
the said boats from the fifteenth day of March until the first day of 
November of each year to three, viz.: Captain, mate and cook, except- 
ing the schooners Nellie Jackson, Folly and Baughman, which shall 
consist of the three above-named crew and a seaman, being four men to 
each of the above-named boats. And the Board of Public Works is 



36 

hereby authorized to contract for sloops or vessels to guard the line 
from the fifteenth day of November to the fifteenth day of March, be- 
tween the tongers and dredgers from the long wharf at Cambridge to 
Bowdle's house in Talbot county, and to rent or hire suitable boats to 
guard the waters of Herring bay, Manokin river, Holland straits, Honga 
river, Hooper's straits and Pocomoke river and sound, the price to be 
paid for the use of such boats not to exceed thirty dollars per month 
during the period of employment ; and the crews of the boats so em- 
ployed, not exceeding three for each boat, shall be paid for their ser- 
vices not exceeding fifty dollars per month for the captain or master, 
and thirty dollars each per month for their several assistants ; provided, 
further, that the Board of Public Works is hereby authorized to con- 
tract for a guard-boat to protect St. Mary's and St. George's rivers and 
Smith's creek during the whole year at a cost not exceeding seven hun- 
dred and twenty dollars tor the boat, captain and two men, and three 
hundred dollars for the boat, captain and one man during the clo«ed 
season. 

Vessels to be Constantly on Duty. 

1904, Art. 72. Sec. 38. 1894, Ch. 380, Sec. 37. 
30, The deputy commanders of the steamers are hereby required 
to keep their vessels constantly on duty when circumstances will permit; 
and every locality where a violation of the law is likely to occur shall be 
visited, not only in the season, but during the closed season, both day 
and night, as often as the duties of the force and condition of the ves- 
sels will allow ; or whenever there is any information that a violation of 
this article is likely to occur, then it shall be the duty of the deputy 
commanders at once to proceed to the places suspected and vigilantly 
to guard the said places to see that no one will violate the provisions of 
this article ; and every three months a report shall be made to the Board 
of Public Works of all official action taken under this article. 



37 
Duty of Deputy Commanders. 

Ibid., Sec. 39. 1894, Ch. 380, Sec. 38. 

40. It «ball be the duty of the deputy commanlors of the said 
vessels to eontiue themselves ordinarily to their several districts, night 
and day, iu and out of season ; but it shall be their duty also to en- 
force any of the provisions of this article in any water adjacent to their 
district when a violation of the same shall come to their knowledge. 

Oath and Bond of Officers of the State Fishery Force. 

Ibid., Sec. 40. 1894, Ch. 380, Sec. 39. 

41. The commanding oflScer and the deputy commanders of said 
force shall, upon entering upon the discharge of their duties, take before 
one of the judges of the circuit courts the oath prescribed by the con- 
stitution; and the commanding officer of said force shall enter into bond 
to the State of Maryland in the sum of ten thousand dollars, and each 
deputy commander in the sum of three thousand dollars, to be approved 
by one of the said judges, for the faithful performance of their duties as 
prescribed in this article, the said bond or bonds to be tiled with the 
Comptroller. 

Salaries of the Various Officers of the State Fishery Force. 

Ibid.. Sec. 41. 1894. Ch. 380. 1896, Ch. 418. 1900, Ch. 380, Sec. 40. 
42. The salary of the Commander of the State Fishery Force shall 
be fifteen hundred dollars per ainum, and he shall have power to ap- 
point one officer.at a salary of six hundred dollars per annum; one engineer, 
at a salary of eight hundred dollars per aunum,and one assistant engineer, 
at a salary of six hundred dollars per annum; one pilot, at a salary of 
thirty-tive dollars per month during the oyster season, and thirty dollars 
per month during the closed season; two seamen, two firemen, an 1 one 
cook, at a salary of thirty dollars per month each ; au'i each deputy 
commander of the said vessels shall have the power to appoint one offi- 



38 

cer, at a salary of five hundred dollars per annum, and three seamen, at 
a salary of thii-ty-five dollars each per month during the oyster season, 
and thirty dollars per month during the closed season, except the deputy 
commander of the second guard boat of the second district, who shall 
receive fifty dollars per month for the year, and he shall appoint a mate, 
at a salary of forty dollars per month, and two seamen, at a salary of 
thirty dollars each per month, each to be selected from the district in 
which they are respectively to serve. 

One Ration Per Day for Officers and Crew ; Appro= 
priation ; Proviso. 

1904, Art. 72, Sec. 42. 1894, Ch. 380. Sec 41. 
1904, Ch. 202, Sec. 1. 1908. Ch. 609. 

43. The members of said force shall at all times keep themselves 
neatly clothed in proper uniform when oq duty at their own expense. 
The officers and crews of the steamers aud sailing vessels of the State 
Fishery Force shall receive ooe ration per day of the quality such as is 
allowed by law to the officers and crews of the revenue marines of the 
United States, and the sum of thirty cents per day for each man is 
herebv appropriated to carry into effect the provisions of this section; 
which sums are payable out of the oyster funds of the State of Mary- 
land to and upon the approval of the Commander of the State Fishery 
Force; provided, however, that the provisions of this section shall only 
apply to the officers and crews of the State Fishery Force employed on 
steamers and vessels owned by the State of Maryland, and nothing 
herein shall apply to the officers and crews upon any boat or boats 
leased or hired by the State. 

Duties of Officers of the Oyster Police Force. 

Ibid., Sec. 43. 1894, Ch. 380, Sec. 43. 

44. It shall be the duty of all officers of the oyster police force 
to diligently watch and guard and to arrest all violators of any nf the 



39 

provisions of this article, and the commandera of both the vessels and 
steamers shall keep their boats on duty at all times, both day and night, 
so far as possible, Sundays included, and shall cruise near to the line 
dividing the grounds which they are assigned to guard from the dredg- 
ing grounds; and shall harbor as near said line as it is possible for them 
to do; and shall remain on board their boats at all times, unless disabled 
by sickness or excused by the commander of the force; and shall keep 
a log of their movements; and shall once in each month forward a copy 
of Buch log to the office of the commander. Any violation of duty in 
these respects shall be deemed a sufficient cause for the removal of any 
officer, and he shall be so removed. 

State Fishery Force to Enforce all Laws Relating to Fish. 

Ibid.. Sec. 44. 1894, Ch. 380, Sec. 44. 

45. The State Fishery Force shall have authority to enforce all 
laws of this State relating to fish, whether general or local, and the 
several deputy commanders of sloops and vessels shall be required to 
visit the tributaries and streams of their respective districts at least once 
in two weeks between the first day of May and the first day of October, 
and at any other time when notified by citizens or others of violation ; 
and they shall arrest and bring to trial all persons found violating any 
section of this article and cause them to be tried and punished, as pro- 
vided by law. 

Commander to Have Control of Force, to Keep Accounts 

and Make Report to Board of Public Works ; 

Clerk to Said Commander; His Salary. 

1904, Art. 72, Sec. 45. 1894, Ch. 380. Sec. 45. 1900, Ch. 380. 
1904, Ch. 259. 

46. The commander of said force shall have control and direction 
of said force, under the supervision of the Board of Public Works, with 
power to direct its movements, and shall have an office, to which place 



40 

all complaints and applicatious for assistaoce shall be addressed. And 
it shall be his duty to have kept an itemized accoant of all expenses and 
disbursements of said force, and same report monthly to the Board of 
Public Works, accompanied by proper receipts and vouchers. The said 
commander shall be permitted to have a clerk, at a salary of one thous- 
and dollars per annum ; said clerk shall remain at the office in Annapolis 
and issue, by power, all orders necessary for the proper maintenance 
and supply of said force. He shall, as often as practicable, bold con- 
sultation with said commander and take orders from him for the duties 
which he is to perform ; and in the absence of said commander he shall, 
as required by the said commander, report fully to the Board of Public 
Works, 



LOCATING OYSTER LOTS. 

Private Oyster Planting; Notice to Owner; Marking Off 

Beds. These Provisions Not to Apply 

to Non-residents. 

Ibid.. Sec. 4G. 1894, Ch. 380, Sec. 46. 1898, Ch. 18-274. 1904, Ch. 598. 
]9()6, Ch. 367. 1908, Ch. 259. 

4*7. The owner of any land bordering on any of the navigable 
waters of this State, the lines of which extend into and are covered by 
said waters, shall have the exclusive privilege of using the same for pro- 
tecting, sowing, bedding or depositing oysters or other shell tish within 
the lines of his own land; and any owner of land lying and bordering 
upon any of the waters of this State shall have power to locate and ap- 
propriate in any of the waters adjoining his lands one lot of five acres, 
for the purpose of protecting, preserving, depositing, bedding or sowing 
oysters or other shell tish ; and any male or female citizen of full age, of 
the county wherein he or she resides, shall have power to locate and ap- 
propriate and hold one lot of five acres, and no more, in any waters in 
this State not located or appropriated ; provided, thirty days' notice in 



41 

writing shall be given the owner or occupant of land bordering on said 
witers proposed to be located that the owner or occupant may have 
priority of cluim. And if such owner or occupant shall fail to locate or 
appropriate the water mentioned in said notice within thirty days after 
receiving the same, then it shall be open and free to any one under the 
provisions of this section ; provided, also, that the said location or ap- 
propriation shall be described by stakes, bushes, and with the name of 
the owner on a board fastened to a pole or stake on or within the ap- 
propriated oyster land, or by the proper and visible metes and bounds, 
which description shall be reduced to writing under the oath of some 
competent surveyor, and recorded at the expense of the party locating 
or appropriating the same, in the oftice of the clerk of the circuit court 
for the county wherein such land may be located ; and provided, also, 
that such location and appropriation shall uot injure, obstruct or impede 
the free navigation of said waters; and provided, that no natural bar or 
l)ed of oysters shall be so located or appropriated that twelve months' 
peaceal)le possession of all locations of oyster grounds, under the laws 
of this State, shall constitute a good and sufficient title thereto ; l)ut 
should any one within twelve mouths be charged with locatiug or ap- 
propriating any natural bed or bar hereinbefore prohibited, the ques- 
tion may be at once submitted by any person interested to the judge of 
the fircuit court for the county where such question shall arise, who, 
after haviug given notice to the parties interested, shall proceed to hear 
the testimony and decide the case; and if his decision be in favor of the 
party locating said five acres, said decision shall be recorded with the 
original record of said five acres, and shall in all cases be conclusive evi- 
dence of title thereto ; provided, also, that if any stakes or bushes used 
as bounds shall be removed by accident or design, it shall not excuse 
any person from wrongfully taking such oysters if he knew the grounds 
to have been located ami appropriated; but any title, or pretended title, 
to more than five acres, or otherwise contrary, to this section, held or 



42 

claimed by any person is hereby declared to be fraudulent and void ; 
provided, that no non-resident of this State shall be entitled to avail 
himself of the provisions of this selciou, whether he be sole or part 
owner of any land in this State ; and in case of the death of any citizen 
who may have located aod appropriated any lot uader the provisions of 
this section, his executors or admiuist ators shall have the exclusive use, 
possession and control of such lot as fully as the person so dying had, 
for the purpose of protecting, cultivating and removing the oysters 
planted on said lot for the period of three years from the date of the 
death of the person appropriating such lot ; aod aay person or persons 
taking or attempting to take oysters thus planted or bedded shall be 
deemed guilty of a misdemeanor, and upon conviction before a justice 
of t'le peace trying the case, shall be fined a sum not less than fifty dol- 
lars nor moi'e than one hundred dollars, and be imprisoned ia the House 
of Correction for a period of three to six months, one-half of said fiue 
to be paid to the informer and the other half to be paid to the county 
commissioners for the use of the public schools. This section not to 
apply to Somerset, St. Mary's and Calvert counties, for which special 
laws or enacted. 

Unlawful to Locate or Appropriate Any Natural Bed or 

Bar; Penalty. 

1904, Art. 72, Sec. 47. 1900, Ch. 380, Sec. 46 A. 

48. It shall be unlawful for any person, or persons? or corporation, 
to locate or appropriate anv natural bar or bod of oysters by certificate, 
as provided in section 47 of this article; and such unlawful location is 
hereby declared a misdemeanor; and upon conviction before a court of 
competent jurisdiction or justice of the peace there shall be a tine of not 
less than fifty dollars or imprisonment for not more than three months, 
or both fine and imprisonment, in the discretion of the court. 



43 
Exclusive Right to Creeks 100 Yards or Less in Width. 

Ibid., Sec. 48. 1894, Ch. 380, Sec. 47. 

49. i^ any creek, cove or inlet not exceeding one hundred yards 
at low water in breadth at its mouth make into the land, or if any creek, 
cove or inlet of greater width than one hundred yards at low-water 
mark make into the land, the ovvner or other lawful occupant shall have 
the exclusive right to use sueh creek, cove or inlet when the mouth of 
said creek, cove or inlet is one hundred yards or less in width ; and 
when the said creek, cove or inlet is more than one hundred yards in 
width at its mouth at low water, the said owner or other lawful occu- 
pant shall have exclusive right to use such creek, cove or inlet so soon 
as said creek, cove or inlet in making into said land or lands shall become 
one hundred yards io width at low water, for preserving, depositing, 
bedding or sowing oysters or other shell tish, although such cove, creek 
or inlet may not be included in the lines of any patent; and in all such 
eases such rights of the I'iparian proprietor shall extend to the middle of 
such creek, cove or inlet. 

Taking Bedded Oysters Unlawful ; Penalty for Violating 
Sections 49 and 50. 

1904, Art. 72, S-c 49. 1894, Ch. 380, Sec. 48. 1896, Ch. 418. 

50. It shall be unlawful, without authority from the owner, for 
any person or persons to take or catch planted or bedded oysters, know- 
ing tham to be so planted or bedded, or to remove, break off, destroy, or 
otherwise injure or alter any stakes, bounds, marks, buoys or other des- 
ignation of any of said beds. A.ny person or persons violating the pro- 
visions of this section, or section 49 of this article, shall be guilty of a 
misdemeanor, and upon conviction thereof before the circuit court or a 
justice of the peace for the county where the oysters were bedded, shall 
be liable to the fines and penalties in section 47 of this article. 



44 
Right of Appeal. 

Ibid., Sec. 50. 1894, Ch. 380, Sec. 49. 
ol. Any pei-Hon convicted before a justice of the peace under any 
of the preceding provisions of this article shall in all cases have the 
right of an appeal to tbe circuit court for the county. 



CRAiGHILL CHANNEL. 

Dredging Near Craighill Channel Unlawful ; Penalty. 

Ibid., Sec. 51. 1894, Ch, 380, Sec. 50. 
S2. Any person dragging, raking or dredging for oysters within 
five hundred yards of either edge of the new channel at the mouth of 
the Patapsco river, known as the Craighill Channel, extending from the 
seven-foot knoll to the mouth of the Magothy river, or within five hun- 
dred yards of either edge of the cut-oft' connecting the Brewerton and 
Craighill Channels, shall forfeit his boat or vessel. And it shall be law- 
ful for any justice of the peace of the county or city in which such per- 
son shall be arrested to try such person, and on conviction to condemn 
said boat or vessel and sell the same on five days' notice, and fine the 
.said ofi'ender a sum not less than five dollars nor more than twenty-five 
dollars for each and every oft'ense; and the said justice of the peace 
shall pay over one-half of said fines and forfeitures to the informer and 
the other half to the school board of said county or city. 



PATUXENT. 

Time When Oysters May Not Be Taken In. 

Ibid., Sec. 52. 1904, Ch. 467, Sec. L 
S3. It shall be unlawful to take or catch oysters, with rakes or 
tongs, in the waters of the Patuxent river between the first day of April 



45 

and the thirteenth day of September, inclusive; provided, that nothing 
in this section shall prohibit any person from taking or catching oysters 
from his private bed or bar. 

Penalty For Violation. 

1904, Art. 72, Sec. 53. 1904, Ch. 467, Sec. 2. 
S4. Any person violating the provisions of the preceding section 
shall be deemed guilty of a misdemeanor, and upon conviction thereof 
shall be punished as provided in this article. 



PATUXENT, POTOMAC, CHOPTANK. 

Time When Oysters May Not be Taken in Tributaries of 

Patuxent, Potomac and Choptank Rivers, Bor= 

dering on Certain Counties ; Proviso. 

Ibid., Sec. 54. 1904, Ch. 522, Sec. 1. 1910, Art. 72, Sec. 55. 
1912. Ch. 603. 

SS, That it shall be unlawful after the passage of this act for any 
person or persons to take or catch oysters in any manner whatever in 
any of the waters of the Patuxent river and its tributaries of Calvert, 
Charles and St. Mary's counties between the first day of April and the 
fifteenth day of September in each year ; provided, however, that noth- 
ing in this act shall be so construed as to prevent any person or persons 
from removing or transplanting oysters on private beds or taking oysters 
from private beds for private use during the closed season, but not 
for sale. 

Penalties. 

1912, Ch. 603, Sec. 2. 
S5£k» That any person or persons violating any of the provisions 
of this act shall be subject to the same penalties and dealt with in the 
same manner as provided for in the General Oyster Law of the State 
for taking or catching oysters during the closed season or without 
license; 



46 

What Privileges Granted in License to Citizens of 
St. Mary's, Charles and Calvert Counties. 

Ibid., Sec. 55. 1904, Ch. 522, Sec. 2. 
S6. After April 8, 1904, any bona tide citizen of St. Mary's, Charles 
and Calvert counties, who shall have procured a license from the clerk of 
the circuit court of the county in which he is a bona fide re8ident,a3 pre- 
scribed in the General Oyster Law of the State of Maryland, shall be 
permitted to use such license to take or catch oysters in the Chesapeake 
bay or in the Potomac river at any time that oysters are allowed to be 
taken in said waters in conformity with the General Oyster Law of the 
State, and they shall be subject to all the provisions and penalties pre- 
scribed by the General Oyster Law of the State of Maryland. 

Ibid., Sec. 56. 1904, Ch. 522, Sec. 3. 
ST. The clerks of the circuit courts of St Mary's, Charles and 
Calvert counties are authorized to issue a license to any bona tide resi- 
dent of their respective counties to take or catch oysters, and shall char^^e 
the same fees for the issuing of such license as is provided for in the 
General Oyster Law of the State for tongers to pay for the privilege of 
taking oysters during a full oyster season in any one year ; and said 
license shall permit such licensee to take or catch oysters in the Chesa- 
peake bay and Potomac river under the provisions of the General Oyster 
Law of the State ; and the holder of such license shall be permitted to 
use the same in the Patuxent river and its tributaries in St. Mary's, Cal- 
vert and Charles counties, and in the tributaries of the Potomac river 
of Charles and St. Mary's counties, from the tirst day of October until 
the first day of April in each year. 

1904, Art. 72, Sec. 57. 1904, Ch. 522, Sec. 4. 
SS. Any person holding a license on April 8, 1904, to take or 
catch oysters in the Patuxent river and its tributaries, or the tributaries 
of the Potomac river in St. Mary's, Charles or Calvert counties, shall be 



47 

permitted to use puch license for the full term for which they were granted. 

Penalties for Violating Sections 55 to 58. 

Ibid., Sec. 58. 1904, Ch. 522, Sec. 5. 
59. Any person or persons violating any of the provisions of sec- 
tions 55 to 58 shall be subject to the same penalties and dealt with in 
the same manner as provided for in the General Oyster Law of the 
State for taking or catching oysters during the closed season or with- 
out license. {See Act 1910, Ch. 658, and Ch. 522, as to Talbot, Dorchester 
and Wicomico Counties.) 



POTOMAC. 

Only Citizens of Maryland or Virginia Shall Take Oysters 
or Fish in the Waters of the Potomac; Penalty. 

Ibid., Sec, 59. 1894, Ch. 380, Sec. 51. 
60. It shall not be lawful for any person to take or catch oysters 
iu any manner whatever, in the waters of the Potomac river unless he be 
a citizen of Maryland or Virginia, and shall have been a resident of the 
State of which he is a citizen for twelve months immediately preceding. 
Any one violating this section shall be subject to a fine of five hundred 
dollars ; any vessel in which oysters are taken contrary to this section 
shall be forfeited and sold, one-half of the proceeds to go to the State 
where convicted and the other half to the informer. 

Culling ; Unlawful to Buy, Sell, Etc., Small Oysters ; 

Examination of Cargo ; Penalty; Burden 

of Proof ; Proviso. 

1906, Ch. 468. 
61, All oysters taken from any natural rocks, beds or shoals in the 
waters of the Potomac river shall be culled on their natural rocks, beds 
or shoals as taken, and oysters whose shells measure less than two and 



48 

one-half inches in length, measuring from hinge to mouth, and all shells 
shall be included in said culling and replaced upon said rocks, beds or 
shoals, provided that oysters once passed from the culler lees than the 
prohibited size, and all shells, shall be considered as not having been 
culled, according to the provisions of this section ; provided that when 
small oysters are adhering so closely to the shell of a marketable oyster 
as to render removal impossible without destroying the young oyster, 
then it shall not be necessary to remove it. And it shall be unlawful 
for auy person to take, buy or sell the small oysters and shells from the 
natural rocks, beds and shoals as aforesaid, or to take, buy, sell or have 
in possession oysters less than two and one-half inches in length from 
hinge to mouth. Whenever any inspector or other oflScer shall have 
reason to believe that this section has been violated with reference to 
the culling of oysters, said inspector or other officer is hereby authorized 
ti examine the cargo of any bo it or vessel, and if upoa examination of 
said cargo the said inspector or other officer shall find that five per 
centum or more of said cargo shall consist of shells and oysters whose 
shells measure less than two and one-half inches in length, measuring 
from hinge to mouth, the captain of the boat or other person in charge 
of said boat shall be deemed to have violated this section, and upon 
conviction, if of a dredge- boat or a vendor of oysters, shall be fined not 
less than one hundred dollars nor more than two hundred and fifty 
dollars, and confined in jail not less than thirty days or more than six 
months, and said cargo confiscated and returned to the natural beds 
under the supervision of the oyster inspector or other officer making the 
arrest, and the boat or vessel on which said oysters are found shall be 
held as security for the payment of said fine. If a boat in which only 
oyster tongs are used, the said captain or other person in charge shall be 
fined not less than fifty dollars nor more than one hundred and twenty- 
five "dollars, and confined in jail not less than fifteen days nor more than 



49 

three months, and said cargo confiscated and returned to the natural 
beds under the supervision of the oyster inspector or other officer mak- 
ing the arrest, and the boat or vessel on which said oysters are found 
shall be held as security for the payment of said fine ; provided, how- 
ever, that when any person shall be found with oysters in violation of 
this section he shall be presumed to be a dredger or vendor of oysters, 
and if he claims to be a tonger the burden shall be upon said person to 
show that he is a tonger. Because of the necessity that legislation reg- 
ulating the taking of oysters in the Pot )mac river shall be concurrent 
as to the States of Maryland and Virginia, it is further provided that 
this section shall take elfect from the date of its passage; provided, con- 
current legislation has heretofore been passed by the General Assembly 
of Virginia, or if not passed, then immediately upon the passage thereof. 

When Unlawful for Citizens of Maryland and Virginia to 
Take Oysters in Potomac ; Penalty. 

1904, Art 72, Sec. 60. I8d4, Ch. 380, Sec .52 1904, Ch 341. 
62, It shall not be lawful for any citizen of Maryland or Virginia 
to take or catch oysters with a scoop, scrape or dredge, or any such in- 
strument, in the waters of the Potomac river between the fifteenth day 
of March and the fifteenth day October of each year ; it shall not be 
lawful for any citizen of either State to take oysters with tongs from the 
waters of the Potomac river between April 25th and October Ist of each 
year ; and it shall not be lawful for any person to have in possession any 
oysters in the waters of the Potomac river i:)etween the 25th day of 
April and the 1st day of October of each year. Every person found 
guilty of violating the provisions of this section shall be fined not less 
than two hundred and fifty dollars nor more than five hundred dollars 
for each ofiense; and the vessel by which oysters are illegally taken or 
which receives oysters so illegally taken, or which has oysters aboard 
within the limits of said river within the time specified, shall be held as 



50 

security for the paymeDt of the fioe hereiobefore mentioned, and be also 
subject to a fine of not less than fifty dollars nor more than one hun- 
dred and fifty dollars; and in the event of such fines not being paid 
within a period of twenty days, thea such vessel shall be forfeited and 
sold, the surplus after payment of tines and costs to be paid to the 
owner of the boat; one-half of fines to go to the informer and one-half 
to the State. 

When Lawful for Said Citizens to Take Oysters in Said 
Waters ; Prosecution for Violation. 

1904, Art. 72, Sec. 61. 1894, Ch. 380, Sec. 53. 
63. It shall be lawful for citizens of the State of Maryland and 
Virginia to take oysters in the Potomac river after complying with the 
requirements of the law of the State of which they are citizens for the 
taking of oysters from the waters of such State ; and any citizen of 
either State who takes oysters in the Potomac river without having com- 
plied with the requirements of the law of his State as to the taking of 
oysters in its own waters shall be considered guilty of violating the laws 
of the State of which he is a citizen, and shall be prosecuted according 
to such laws. 

Penalties for Violating Sections 60, 62 and 63. 

Ibid.. Sec. 62. 1894, Ch. 380. Sec. 54. 1904. Ch. 341. 
04. All offenses committed against the provisions of sections 60, 
62 and 63 by persons not citizens and residents as aforesaid of either 
State may be punished by any of the justices of the peace or courts of 
either State having criminal jurisdiction. All offenses committed by 
citizens of either State shall be punished by such justice of the peace or 
court having criminal jurisdiction where the trial of such offenses shall 
be most convenient. The authorities of either State have the right to 
examine into the right of any person taking oysters in the Potomac 
river who shall exhibit their authority for so doing whenever required 



51 

by the police or other legal authority of either State. The legal authori- 
ties of either State shall have the right to arrest any offeuder against 
said sections in the Potomac river and to pursue such offender beyond 
the boundiry line of either State upon navigable waters and arrest him 
whenever found upon such waters; and in all cases of arrest the offender 
may be tried before such justice of the peace or court having criminal 
jurisdiction which shill be convenient. 

Recovery of Penalties. 

1904, Art. 72, Sec. 63. 1894, Ch. 380, Sec. 55. 
63. The penalties impossed by sections 60, 62 and 63 shall be re- 
covered l)efore any justice of the peace of either State in any county of 
either State, with the right to the State or the defendant to appeal to 
the circuit court for the county in which such cause has been tried, or 
to the criminal court of Baltimore, if tried in Baltimore city, or in the 
Hustings court of the city, if tried in a city of Virginia. The parties and 
vessels chai'ged may be arrested without warrant and carried before any 
justice of the peace ; the justice shall cause a guard to be put upon the 
vessel and the parties charged to be confined in jail or bailed ; upon con- 
viction the offender shall be committed tojvil until the tine is paid, and 
the vessel shall be sold at public auction by the sheriff of the county or 
city for cash after ten days' notice. In case of appeal the appellant shall 
remain in custody and the vessel shall be sold as above provided, unless 
recognizance be entered into for double the amount of the fine and 
double the value of the vessel conditioned for the performance of the 
final judgment of the court. Upon such recognizance being given, the 
party convicted and the vessel shall be discharged. 

Penalty for Violating Provisions Relating to 
Culling Oysters. 

Ibid., Sec. 55. 1904. Ch. 341, Sec. 55 B. 
66. Any person found guilty of violating any of the provisions of 



52 

this article relating to culling, or of violating the preceding section, and 
who shall haye committed such offense upon the waters of the Potomac 
river, shall not be subject to the penalties prescribed by section 11 of 
the article, but in lieu thereof shall be fined not less than twenty- five 
dollars nor more than five hundred dollars, and shall, in addition, be 
adjudged to have the cargo of oysters found not to be within the re- 
quirements of this article relating to culling confiscated and placed back 
upon the bottoms from which they were taken. It shall be the duty of 
the inspector or other officer to have such oysters placed upon the said 
bottoms. 

When Sections 62, 64 and 66 Become Effective; Governor 
to Issue Proclamation. 

Ibid., Sec 66. 1904, Ch. 341, Sees. 3 and 4. 

67. The provision of sections 62, 64 and 66 of this article shall 
take effect from the date of taking effect in the State of Virginia of an 
act embodying the provisions of said sections as enacted by said sec- 
tions, and of an act applicable to the waters of the Potomac river em- 
bodying the provisions of sections 8, 9, 11, 12 and 13 of this article, 
as heretofore enacted by the General Assembly of Maryland ; provided, 
that a different arrangement or form in which these provisions shall be 
enacted by the State of Virginia, or a difference in the penalties pre- 
scribed, except in the case of section 66, or a difference in the designa- 
tion of any official charged with duty under any provision of said sec- 
tions, shall not be considered a failure to embody the provisions herein 
set forth ; and upon the taking effect in the State of Virginia of the 
provisions herein prescribed the governor of Maryland shall issue his 
proclamation declaring said provisions to be effective. 

Compact of 1785 Not to be Impaired by These Provisions. 

1904, Art. 72, Sec. 67. 1894, Ch. 380, Sec. 56. 

68. Nothing in the seven preceding sections shall be construed in 



53 

any way to impair, alter or al^ridge any rights which either State or the 
citizens thereof may be entitlei to, either by, through, under or against 
the compact entered into between the States of Maryland and Virginia 
on March 28, 1785, or an existing law of either of said two States. 
{"ConcHrreitf Law, Manjland- Virginia Law, 1912.") 



GENERAL MEASURERS AND INSPECTORS. 
Appointment ; Bond ; Powers. 

Ibid., Sec. 68. 1894, Ch 380, Sec. 51. 1900, Ch. 380. 
1906, Ch. 188, Sec. 66. 

69, The governor, at each session of the General Assembly, shall 

appoint four persons for the city of Baltimore, one for Cambridge, one 

for Annapolis, one for Oxford, one for Gristield and one for Nanticoke, to 

be known as general measurers and inspectors of oysters for the city, 

town or pjrt and adjacent waters for which they shall be respectively 

appointed. Each general measurer and inspector of oysters for the city 

of Baltimore shall give bond to the State of Maryland in the sum of 

three thousand dollars, and all other general measurers and inspectors 

and all the special inspectors shall give b md to said State in the sum of 

one thousand dollars for the faithful performance of their duties ; and 

the general measurers and inspectors of oysters shall have the same 

power and authority over oysters sold in the waters adjacent to the port 

for which they shall be appointed as hereinafter given to the general 

measurers and inspectors over such city, town or port for which they 

shall be respectfully named. 

Special Inspectors From Oyster Counties to be Ap^ 

pointed ; Their Duties; Charges; Returns ; 

Certificates of Measurement. 

Ibid., Sec. 69. 1894, Ch. 380, Sec. 58. 1900, Ch. 380. 1906, Ch. 188, Sec. 69. 
1908, Ch. 488. 1910, Ch. 413, Sec. 69. 

TO. It shall be the duty of the Commander of the State Fishery 



54 



Force, at the commencement of, or during the oyster season in each 
year, to appoint from the counties producing oysters for packing pur- 
poses in the State, not exceeding twenty special inspectors, to be ap- 
pointed as follows. Two each from Anne Arundel, St. Mary's, Talbot 
and Wicomico counties; three each from Dorchester, Somerset and 
Queen Anne's counties; and one each from Kent, Calvert and Charles 
counties, at a salary of forty-tive dollars per month, during the oyster 
season ; and they shall be stationed at such places as in the judgment 
of the Commander of the State Fishery Force their services may be 
needed. Before assuming the duties of their offices the said special 
inspectors shall take an oath, to be administered by the com- 
mander, to diligently and faithfully discharge the duties of their 
said offices. The said special inspectors shall insp'^ct all oysters 
in the district to which he is assigne 1. Upon the inspection of 
any such oysters, each special inspector shall make a certificate 
of the number of bushels in triplicate, one of which shall be 
given to the purchaser, one to the seller, and the other daily to the 
general measurer and inspector of the district where such inspection 
occurred. A charge of one ceat per b ishel is hereby levied to help de- 
fray the expenses of such inspection and the other expenses of the State 
Fishery Force upon all oysters unloaded from vessels at the place where 
said oysters are to be no further shipped in bulk in vessels, to be charged 
equally to the buyer and seller, but to be paid weekly to the Comp- 
troller of the State Treasury, or his agent, by the buyers. The certifi- 
cate given the general measurer and inspector shall be by him mailed 
weekly to the Comptroller or his agent ; and in case the amounts of 
money shown to be due be not paid in one week thereafter to the Comp- 
troller or his agent, which is hereby required to be done, the properties 
of the parties so indebted may be levied on and sold by the said Comp- 
troller or his agent, as in the cases of taxes in default, without other 



55 

process of law. The tax of oue cent per bushel hereby levied is also 
made a charge on oysters sold by cooa mission merchants and others 
selling by less than the cargo, and also a tax of three cents per bushel 
coQtaining not more than three bushels; on oysters in bags a tax of two 
cents per bag containing not more than two bushels; and all transpor- 
tation companies carrying oysters in the shell, consigned to Baltimore, 
shall furnish to the oyster inspector or collector of oyster tax a copy of 
his manifest, showing the number of bushels on board, on arrival of 
steamer and to whom consigned ; and the special inspectors are charged 
with the duty of seeing that proper returns are made for the purpose of 
thi'^ section by such commission merchants or retailers; and in the per- 
formance of the duty the said special inspectors are authorized and di- 
rected to visit the places vvhere oysters less than cargoes are sold and 
get from such sellers a statement, under oath, as to the number of bush- 
els sold from time to time, aud return to the general measurers and in- 
spectors a certificate thereof, to be forwarded to the Comptroller, as re- 
quired ill the case of the certificates for cargoes, and the payment of the 
amounts so found to be due shall be similarly enforced. All such special 
inspectors may be removed at any time by the commander for neglect 
or malfeasance in office, and said commander shall report to the gov- 
ernor any neglect of a general measurer or inspector. The Commander 
of the State Fishery F'orce shall furnish to each of said special inspectors 
certificates, in book form.supplied with carbon paper, so that each of said 
triplicate certificates shall be exactly the same. The form of the certifi- 
cates shall be as follows : 

, 19—- 

1 hereby certify that I have this day inspected for Captain 

, schooner , a cargo of oysters, sold 

to , and found the same to contain bushels of 

merchantable oysters, and bushels of unmerchantable oysters. 

(Signed) 



56 
Natural Oyster Bed Re=Shelling Fund. 

71, (Unconstitutional) 

Commander Shall Divide Inspection Points in Baltimore 

City Into Four Inspection Districts, and Organize 

Board of Inspections ; Reports of Inspection 

to Commander ; Penalty; Transfers. 

1904, Art. 72, Sec. 70. 1894. Ch. 380, Sec. 59. 1900. Ch. 380. 
1906, Ch. 188, Sec. 70. 

"72. At the beginning of each oyster season the Commander of the 
State Fishery Force shall divide the inspection points in Baltimore city 
into four inspection districts and organize the board of inspectors pro- 
vided for the city of Baltimore in section 69 of this article ; and the 
general measurers and inspectors provided in said section 69 shall be 
assigned to and remain during the whole season at the specific points 
mentioned in said section, subject, however, to the discretion of the 
commander; and the Commander of the State Fishery Force shall have 
general control and supervision over all general measurers and inspect- 
ors and special inspectors, whether appointed by the governor or him- 
self ; and the said general measurers and inspectors and special inspect- 
ors, are hereby required to report to him whenever he shall require the 
same, and if they shall refuse or neglect to make such report they shall 
be fined for each said failure or refusal the sum of ten dollars, to be de- 
ducted from their salaries; and the said commander shall have the power 
to transfer any general measurer or inspector, or any special inspector, 
from any house or district whenever he may deem it best for the good 
of the service to enforce the proper inspection, the cull law and the 
collection of the tax for the oyster fund. 



57 

Duties and Powers of General Measurers and Inspectors. 

Ibid., Sec. 71. 1894, Ch. 380, Sec. 60. 1900, Ch. 380. 
1906, Ch. 188, Sec. 71. 

73. It shall be the duty of said general measurers and inspectors 
of oysters to see that the law in reference to the inspection of oysters 
be strictly complied with by all subordinates, and the general measurers 
and inspectors of oysters shall have authority at all times to enter all 
places and all vessels where oysters are being measured and inspected 
in the shell, and to inspect all the measures or instruments used in 
measuring oysters, and to see that the inspection laws are properly en- 
forced, and if the measures are incorrect, the said general measurer and 
inspector of oysters shall take possession of the incorrect measures; and 
the inspectors of oysters are authorized, directed ard required to ar- 
rest any person or persons violating any of the provisions of this article. 
It shall be the further duty of the general measurers and inspectors of 
oysters to return under oath to the Comptroller of the State annually a 
complete statement of the amount of oysters inspected or measured in 
the city, town or port for which they shall be respectively appointed. 

Licensed Measurers ; Suspension ; Fees. 

1904, Art. 72, Sec. 72. 1894, Ch. 380, Sec. 61. 1906, Ch. 188, Sec. 72. 

1908, Ch. 353. 

•74. No person, after April 8, 1908, shall act as a measurer of 

oysters in Baltimore city, except the general measurer and inspector of 

oysters, and such persons who shall be duly licensed measurers for said 

city. Any person, after April 8, 1908, who shall desire to engage in the 

business of oyster measurer in Baltimore city shall, on or before the 

first day of September in each year, before he undertakes to act as such, 

first apply to the clerk of the superior court of Baltimore city for a 

license so to do, which license shall be issued upon application, and the 

payment to said clerk of a license fee of five dollars and fifty cents. 



58 

which license shall expire on the first day of May of the following year. 
Five dollars of said fee shall be by said clerk accounted for and paid 
over to the State, to be placed to the credit of the oyster fund, and the 
remaining fifty cents shall be applied by said clerk to his own use and 
fee for issuing said license ; said oyster measurers shall also take the 
usual oath of office, and give bond to the State of Mai-yland in the pen- 
alty of one hundred dollars each for the faithful performance of their 
duties. The general measurers and inspectors of oysters in Baltimore 
city, or a majority of them, are empowered and authorized to suspend 
the right or privilege of any person licensed to measure or inspect oys- 
ters in said city, to measure or inspect oysters under said license ; pro- 
vided, however, that no such right to suspend shall exist unless a charge 
is pending against such licensed measurer or inspector for a violation of 
the provisions of this article, in reference to the measurement and in- 
spection of oysters, and if such charge shall be dismissed by a court of 
competent jurisdiction, such suspension shall end ; and upon notice 
from the buyer or seller of oysters, the general measurer and inspector 
of oysters shall designate the special inspectors and the licensed meas- 
urers and inspectors to inspect the oysters out of said vessel. 

Salary of General Measurers and Inspectors ; Penalty for 
Violating Sections 69 to 75 ; When Appoint= 
ments Shall be Made ; Reports. 

Ibid., Sec. 73. 1894, Ch. 380, Sec. 62. 1898. Ch. 449. 1900, Ch. 380. 
1906, Ch. 188, Sec. 73. 

75. The general measurers and inspectors for Baltimore city shall 
receive a salary of one hundred dollars per month each, and all general 
measurers and inspectors provided for by section 69 shall receive the 
salary of fifty dollars per month each, the said salaries to be paid only 
for those months in which said measurers and inspectors are actually en- 
gaged in the performance of their duties of their respective offices, by 



59 

the treasurer, on a warrant of the Comptroller. Any person who shall 
violate any of the provisions of sections 69, 70 and 72 to 75, inclusive, 
of this article, or who shall interfere with the general measurers or in- 
spectors of oysters or the special inspectors in the discharge of their 
duties, shall be deemed guilty of a misdemeanor, and upon conviction 
before any justice of the peace or court of competent jurisdiction shall 
pay a fine of fifty dollars and costs, one-half of said fine to the informer, 
unless he be an ofiicer under this article, and the other half to the Comp- 
troller, to the credit of the oyster fund. In default of payment of 
fine and costs, the party convicted shall be confined in jail for not more 
than twenty days. The appointment of the general measurers and in- 
spectors and the special inspectors, as provided in sections 69 and 70, 
shall be made on or before September 1st of each year, and each and 
every inspector shall report monthly to the Commander of the State 
Fishery Force, or oftener, if required by him, concerning all the oysters 
which may be disposed of within his inspection district, and such reports 
shall be a full and complete account of all sales of oysters that have been 
made within such districts. 

How Oysters Shall be Measured ; Dimensions of Tub ; 

Penalty. 

190,4 Art. 72, Sec. 74. 1894, Ch. 380, Sec. 73. 1896, Ch. 418. 
1900, Ch. 380. 

76. All oysters sold in this State shall be measured either in a 
one-half bushel tub, a bushel tub, a bushel and one-half tub, or a three- 
bushel tub, and no instruments shall be used for measuring oysters in 
the shell but an iron circular tub with straight sides and straight solid 
bottom, with holes in bottom for draining, such holes to be no larger, 
however, than one inch in diameter. A half bushel tub shall have the 
following dimensions, all measurements to be from inside to inside : 
Fifteen inches across the top, thirteen inches across the bottom, and 



60 

seventeen inches diagonally from the inside chime to the top; a bushel 
tub shall measure sixteen and one-half inches across at the bottom from 
inside to inside, twenty-one inches diagonally from the inside chime to 
the top, and eighteen inches across from inside to inside from the top ; 
a bushel and one-half tub shall measure nineteen inches across the top 
from inside to inside, eighteen inches across the bottom from inside to 
inside, and twenty-four inches diagonally from the inside chime to the 
top; a three-bushel tub shall measure twenty-four inches across the top 
from inside to inside, twenty-two inches from inside to inside at the 
bottom, and twenty-nine twenty-six-hundredths inches diagonally from 
the inside chime to the top; and all o.^sters measured in the shell, as re- 
quired by law, shall be eveu measure to the top of the tub only; and 
any person or persons engaged in the business of buying or selling oys- 
ters in this State, who shall own or have in bis possession any instrument 
or measurement for oysters in the shell which differs in size or descrip- 
tion from the measure hereinbefore mentioned, or shall demand a greater 
measure than hereinbefore mentioned, shall be guilty of a misdemeanor 
and punished upon conviction before a court of competent jurisdiction, 
to be fined a sum of not less than fifty dollars nor more than one hun- 
dred dollars, or committed to the House of Correction for a period of 
not less than three months nor more than six months, or both, in the 
discretion of the judge or justice of the peace trying the same ; and in 
case a fine is imposed under the provisions of this section, said fine to 
be paid over by the officer making the arrest to the Comptroller of the 
State, to be credited to the oyster fund ; one-half, however, to be paid 
to the informer, unless he be an officer of the State Fishery Force. 
Said measures shall also be the standard measure for shells, and the use 
of any other measure for that purpose shall be punished, as is prescribed 
by this section for the use of any other measures for measuring oysters, 
and the measurers or special inspectors are hereby forbidden to handle 



61 

or interfere with the oysters in or upon the tub or measure for the pur- 
pose of pressing or pushing down same under penalty of removal from 
oflSce and a fine of ten dollars for each offense. 

Penalty for Charging More Than One=half Cent Per 

Bushel. 

1904, Art. 72, Sec. 75. 1894, Ch. 380, Sec. 64. 
77. In addition to the charges herein mentioned for compensation 
to the general measurers and inspectors of oysters, it shall be unlawful 
for the buyer of any cargo, or part of a cargo, of oysters sold in the 
shell to exact of or retain from the proceeds of said cargo, or part of a 
cargo, due tbe seller, a larger or greater sum or amount than one-half 
cent per bushel, in which shall be included the amount now allowed by 
law to be paid by the seller to the licensed measurer and inspector ; and 
any person or persons charging or exacting a larger sum shall be sub- 
ject to a tine of fifty dollars, upon conviction before any justice of the 
peace, one-half of said fine to be paid to the informer and the other half 
to the Comptroller, to be placed to the credit of the oyster fund. 



EXEMPTED WATERS. 

Waters in Which Catching Oysters Shall be Unlawful; 
Not Applicable to Dorchester County. 

Jbid., Sec. 76. 1894, Ch. 380. Sec. 65. 1904. Ch. 562. 1904, Ch. 572. 
78. It shall not be lawful for any person or persons to use any 
vessel licensed to take or catch oysters in the waters of this State in 
taking or catching oysters with scoop, scrape, dredge, tongs or rake, or 
any similar instrument, east of a straight line from Richmond Point to 
Pone Point, on the lower end of Bloodworth Island, in the State of 
Maryland ; provided, that this section shall not apply to bona fide resi- 
dent citizens of Dorchester county licensed to take or catch oysters in 



62 

the waters of said county. Special local laws exist for Dorchester, 
Talbot and Wicomico counties. 



PACKING OYSTERS. 
Packer's License ; Cost ; Fees. 

Ibid., Sec. 77. 1894, Ch. 380, Sec. 66. 1900, Ch. 380. 
1906, Ch. 188, Sec. 77. 

"70. It shall be unlawful for any person, firm or corporation to en- 
gage in the business of packing or canning oysters without first taking 
out a license to engage in such business by application to the clerk of 
the circuit court of the county in which the place of business of such 
applicant may be situated, or to the clerk of the Court of Common Pleas, 
if the place of business of such applicant shall be in Baltimore city ; and 
such applicant, at the time such license is issued to him by the said clerk, 
shall pay the said clerk the sum of twenty-five dollars for such license, 
and said license shall have effect from the first day of September, in the 
year in which it may have been obtained, to the twenty-fifth day of 
April, inclusive, next succeeding ; and all said moneys received for said 
license shall be paid over and accounted for by the several clerks of 
courts to the Comptroller of the State, to be placed to the credit of the 
oyster fund, as provided by section 31 of this article. 

Penalty for Packing or Canning Without License. 

1904, Art. 72, Sec. 78. 1894, Ch. 380, Sec. 67. 
1900, Ch. 380. 1906, Ch. 188, Sec. 78. 

30. If any person, firm or corporation shall engage, or attempt to 
engage, in the business of packing or canning oysters without first ob- 
taining a license, as provided in the foregoing section, he shall be deemed 
guilty of a misdemeanor, and shall be fined not less than two hundred 
and fifty dollars nor more than one thousand dollars for each offense. 



63 

Commission Merchants License ; Cost ; Penalty for SelU 
ing Without License. 

Ibid., Sec. 79. 1894, Ch. 380, Sec. 67 A. 
81. Every person or member of a firm, or member of a corpora- 
tion, engaged in the business of selling oysters on commission shall, on 
or before the first day of September in each year, take out a license to 
engage in such business by application to the clerk of the circuit court 
for the county in which the place of business of such applicant may be 
situated, or to the clerk of the Court of Common Pleas, if the place of 
business of such applicant shall be in Baltimore city ; and such appli- 
cant, at the time of issuing such license, shall pay the sum of twenty- 
five dollars ; and all said money received for said license shall be paid 
over and accounted for by the said several clerks of courts to the Comp- 
troller of the State, to be placed to the credit of the oyster fund,as provided 
by section 31; and if any person, member of a firm or member of a cor- 
poration, shall engage or attempt to engage in the business of selling 
oysters on commissiori without first obtaining a license, as provided in 
this section, he shall be deemed guilty of a misdemeanor, and shall be 
fined not less than one hundred dollars nor more than one thousand 
dollars for each oflense. 



SHUCKING OYSTERS. 
Provisions Regarding Oysters Shucked by the Gallon. 

1904, Art. 72, Sec. 80. 1898, Ch. 2(50. Sec. 67 B. 
S2. AH shucked oysters opened at any oyster house in this State, or 
any other place where oysters are opened or sold as a business, or deliv- 
ered to proprietors of any such oyster house or other place, shall be 
shucked by the gallon and not by the can or vessel of any other name 
and designation ; and it shall not be lawful for the proprietor of any 
such place to contract with any person to shuck or open oysters at any 



64 

such house or for the proprietor thereof for the purpose of shipping the 
same to the customers of said proprietor otherwise than by the gallon. 
The said oyster house, or the proprietors thereof, may in consideration 
of the quantity of water contained in shucked oysters, use a cup, which 
is hereby declared and determined to be an oyster gallon cup, which 
shall contain nine pints and no more, and no other than this standard 
measure or said oyster gallon cup shall be used in said houses or by the 
proprietors thereof in measuring any oysters received by them from the 
shuckers. Said oyster gallon cup shall be inspected and stamped by the 
same officer in the city of Baltimore or in any of the counties of the 
State, as is now required by law to inspect and stamp measures, and the 
person neglecting so to have the same stamped and inspected shall be 
subject to the same fines and penalties as are now or may hereafter be 
prescribed by law for neglecting to have inspected and stamped the said 
gallon measure, and any person using any other measure than the one 
above prescribed in any such oyster house or similar place in this State, 
or any proprietor of any such house using any other than the above 
prescribed measures to measure any oysters received by him from 
shuckers, shall be guilty of a misdemeanor, and on conviction thereof 
before any justice of the peace in said city or county shall be fined not 
less than ten nor more than one hundred dollars, in the discretion of the 
justice of the peace trying the same, and shall stand committed until 
such fine and costs are paid, which fine shall be paid to the State of 
Maryland, but the person so convicted shall have the right of appeal, 
as now provided by law in other criminal cases. 



COMPTROLLER'S DUTIES. 

Comptroller to Furnish All Forms of Application, License, 

Reports, Returns and Other Blanks ; Worcester 

County Exempt From Provisions 

of This Article. 

Ibid., Sec. 81. 1894. Ch. 380, Sec. 68. 
S3. It shall be the duty of the Comptroller to furnish the clerks 



65 

of the several courts of the State with forms of applications and license 
and of the reports or returns required by the preceding sections ; and 
it shall be the further duty of the Comptroller to furnish all other blanks 
required under this article. Nothing in this article shall be construed 
to apply to Worcester county as to the taking or catching of oysters in 
the waters of said county. 



PAST OFFENSES. 
Sections Not to Affect Past Offenses. 

1904, Art. 72, Sec. 82. 1900, Ch. 380. Sec. 2. 
S4. Nothing in this article, as repealed and re-enacted by the pre- 
ceding sections, shall affect offenses committed in whole or in part before 
their enactment, but all such offenses and all indictments therefor shall 
be prosecuted under pre-existing law as fully as if the same had not 
been so repealed and re-enacted. 



OYSTER CULTURE. 
Who May Plant and Cultivate Oysters ; Exceptions. 

1906, Ch. 711, Sec. 83. 
SS. Any resident of Maryland shall have the right to plant and 
cultivate oysters in the waters of this State. Such right shall be exer- 
cised in the manner prescribed in the following sections of this sub-title, 
and shall be subject to the regulations, provisions and limitations here- 
inafter set forth, but no corporation, or joint stock company, shall be 
permitted to lease or take up, or to acquire by assignment, or otherwise, 
any lands of the State for oyster planting or cultivation. All natural 
beds or bars shall be excluded from the operation of this sub-title, and 
no person shall be permitted to plant or cultivate oysters thereupon, or 
in any way appropriate the same to his own use. j -^ / 



*^ 



66 

Board of Shell Fish Commissioners; Salaries; Clerks; 
Surveyor; Engineer ; Disbursements ; Qualification. 

1906, Ch. 711, Sec. 84. 

S6* The Board of Shell Fish Commissioners of Maryland is hereby 
created. The said board shall consist of three members, one of whom 
shall be a resident of one of the tidewater counties of the Eastern Shore 
of Maryland, another a resident of one of the tidewater counties of the 
Western Shore, and the third a resident of the city of Baltimore, and 
one of whom shall be a member of the minority party at the time of their 
appointment. The term of each of the members of said board shall be 
two years from the first Monday in May after his appointment. They 
shall be appointed by the Board of Public Works of the State of Mary- 
land. No member of said Board of Shell Fish Commissioners shall be in 
any manner interested in any land leased or taken up for bedding, plant- 
ing or cultivating oysters. The acts and duties to be done and per- 
formed by said board under this sub-title may be done and performed 
by two of said commissioners, and in all cases the decision of a majority 
of the commissioners shall be binding. One of said commissioners shall 
be designated by the Board of Public Works of the State of Maryland 
as president, and his salary shall be two thousand dollars a year. The 
salary of each of the other commissioners shall be eighteen hundred dol- 
lars a year. The said commissioners shall be allowed to employ a chief 
clerk upon a salary of twelve hundred dollars a year, and such assistants, 
not exceeding three in number, and not more than may be absolutely 
needed for the performance of the work of the board, at graded salai'ies, 
to be paid by the commissioners, not to exceed one thousand dollars a 
year for any such assistants, as it may deem necessary to aid it in the 
proper performance of its duties, as prescribed in this sub-title. The 
said commissioners shall employ a competent surveyor, who shall also be 
a hydrographic engineer, upon a salary to be named by said commission- 



67 

ers. Dot exceeding twenty-five hundred dollars a year. If the commis- 
sioners deem it expedient to employ a hydrographic engineer, who is also 
a biologist, capable of investigating oyster propagation, an engineer of 
such qualification may, in their discretion, be employed. The sum of 
five hundred dollars per annum shall be appropriated, to be expended 
under the direction of said engineer, if he be a biologist, who shall, in 
that event, establish one or more stations for said investigation of oys- 
ter propagation. All salaries, outlays and disbursements authorized by 
this sub-title shall be paid out of the general treasury of the State of 
Maryland upon requisitions made by the Board of Shell Pish Commis- 
sioners, endorsed by the Comptroller of the State, but the same shall be 
repaid out of the first revenues arising from the leasing of land for oys- 
ter culture contemplated by this sub-title. The commissioners compos- 
ing said board shall, immediately after their appointment, file in the 
oiBce of the clerk of the Court of Appeals separate bonds, with a surety 
or sureties to be approved by the state treasurer, in the sum of ten 
thousand dollars, conditioned for the faithful performance of the duties 
imposed by this sab-title. The said commissioners shall take and sub- 
scribe, before the governor of the State, an official oath prescribed by 
the constitution. The said commissioners shall have an office in the 
city of Annapolis. 

Record Books ; Transfers. 

1906, Ch. 711, Sec. 85. 1910, Ch. 401, Sec. 85. 
37, The commission shall keep at its office, in the city of Balti- 
more, books of record, in which shall be recorded all leases, assignments 
and other conveyances of land to be used for the planting or cultivation 
of oysters in accordance with this sub-title. A set of clear and simple 
forms for all subsequent conveyances of any kind shall be prepared by 
the board, with the advice of the Attorney-General, and no title shall 
be vested in any lessee or transferee of any interest or estate acquired 



68 

under this sub-title until the conveyance or conveyances evidencing 
such leasee or transfers shall have been recorded in the office of the 
Board of Shell Fish Commissioners. 

Survey of Natural Beds, Bars and Rocks. 

. 1906, Ch. 711, Sec. 86. 1910, Ch. 401, Sec. 86. 

88. The Board of Shell Fish Commissioners shall, as soon as prac- 
ticable after April 2, 1906, cause to be made a true and accurate survey 
of the natural oyster beds, bars and rocks of this State ; said survey to 
be made with reference to fixed and permanent objects on the shore, 
giving courses and distances, to be fully described and set out in a 
written report of said survey, as hereinafter required. A true and ac- 
curate delineation of the same shall be made on copies of published 
maps and charts of the United States Coast and Geodetic Survey, which 
said copies shall be filed in tbe office of the said commissioners in the 
city of Baltimore ; and the said commissioners shall further cause to be 
delineated upon the copies of the published maps and charts of the 
United States Coast and Geodetic Survey, of the largest scale, one copy 
for each of the counties in this State, in the waters of which there are 
natural oyster beds, bars and roQks, all the natural beds, bars and rocks 
lying within the waters of such county, which maps shall be filed in the 
offices of the clerks of the circuit court for the respective counties 
wherein the grounds so designated may lie. The said survey shall be 
made by the hydrographic engineer employed by said board, as pro- 
vided in section 86 of this article, acting under the direction and con- 
trol of said commissioners. The said natural beds or bars shall be mark- 
ed by buoys, which shall be known as State buoys. 

Assistance of U. S. Surveys, Etc» 

1906, Ch. 711, Sec. 87. 

89. The governor of this State is hereby requested to ask the as- 
sistance of the United States Coast and Geodetic Survey, and of the 



69 

United States Fish Commissioners, to aid in the carrying out of the 
provisions of the preceding section. 

Appointee of County Commissioners to Aid Board. 

1906, Ch. 711, Sec. 88. 
QO. The county commissioners of each and every county in this 
State in which there are natural oyster beds, bars or rocks, shall be 
authorized to appoint some resident of their said county, who is well 
acquainted with the situation and location of oyster beds, bars or rocks 
in the waters of such county, who shall aid the said board by furnishing 
any information he may possess concerning the situation and location 
of recognized oyster beds, bars and rocks in the waters of such county, 
and who shall accompany the said commissioners and the hydrographic 
engineer appointed by said board, but only within the limits of his 
county, iu the making of the survey of the natural oyster beds, bars and 
rocks, as provided by this sub-title ; the said appointee to receive a com- 
pensation of five dollars per day when actually so engaged. 

Natural Beds and Bars to be Designated on Charts and 

Maps ; Reports and Survey to be Filed With Clerks 

and Made Conclusive Evidence; Proviso. 

1906. Ch. 711, Sec. 89. 
Ql. As soon as practicable after the tirst day of April, 1906, the 
said commissioners shall organize, and shall at once proceed, with the 
assistance of such person or persons as may be detailed by the United 
States Coast and Geodetic Survey, and the United States Fish Commis- 
sioner, to aid them in their work, and of such persons as may be ap- 
pointed under the preceding section, to have laid out, surveyed and 
designated on the said charts, the natural beds and bars, and shall cause 
to be marked and defined as accurately as practicable the limits and 
boundaries of the natural beds, bars and rocks, as established by said 
survey, and they shall take true and accurate notes of said survey in 



70 

writing, and make an accurate report of said survey, setting fortli such 
a description of land marks as may be necessary to enable the said 
board, or their successors, to find and ascertain the boundary lines of 
the said natural oyster beds, bars and rocks, as shown by a delineation 
on the maps and charts provided in this sub-title ; said report shall be 
completed and filed in the office of the board in the city of Annapolis, 
within ninety days after the completion of the survey of any county. 
Said commissioners shall cause the same to be published in pamphlet 
form, and transmit copies of the same to the clerks of the circuit court 
for the respective counties where the charts have been filed or directed 
to be tiled as hereinafter provided, the said report to be tiled by the 
clerks of the several counties in a book kept for that purpose. And the 
said survey and report, when tiled, subject to the right of appeal here- 
after provided for in this sub-title, shall be taken in all the courts of 
this State as conclusive evidence of the boundaries and limits of all 
natural oyster beds, bars and rocks lying within the waters of the coun- 
ty wherein such survey and report are tiled, and shall be construed to 
mean in all of the said courts that there are no natural oyster beds, bars 
or rocks lying within the waters of the counties wherein such report 
and survey are filed other than those embraced in the survey authorized 
by this sub-title, and that all areas of the Chesapeake bay and its tribu- 
taries within the State of Maryland not shown in the survey to be 
natural oyster beds, bars or rocks, shall be construed in all the courts of 
the State to be barren bottoms, and open for disposal by the State for 
the purpose of private planting or propagation of oysters thereon, under 
the provisions of this sub-title; provided, that the said survey and re- 
port shall not be so construed as to affect in any manner the holdings 
by citizens of this State in any lot which may have been appropriated or 
taken up under the laws of this State prior to April 2, 1906. 



71 
How Natural Beds and Bars to be Defined and Bounded. 

1906, Ch. 711, Sec. 90. 
92. The said board, in defining the natural beds and bars, shall 
exercise its judgment liberally in favor of the natural beds and bars, and 
allow a reasonable margin of the barren bottoms, rather than encroach 
on a natural bed or bar. The natural beds or bars shall be bounded 
by straight lines, even though some portions of barren bottoms may 
thus be necessarily included within such lines. 

Petition Alleging Omission of Natural Bed, Etc. 

1906, Ch. 711, Sec. 91. 
93. If residents of any county, exceeding twenty-four in number, 
shall, within four months after the filing of said survey and report in 
such county, file in the circuit court for said county a petition, in writing, 
attested by the oath of some one or more of the petitioners, alleging 
that five or more adjacent acres of oyster beds, bars or rocks in such 
county have been omitted from such survey, or that five or more acres 
of barren bottoms have been included in such survey, and designating 
the location of same by a plat, or as near as may be with reasonable 
certainty by such land marks as will locate and designate the beds al- 
leged to have been omitted or included, a judge of the circuit court for 
the said county, after due notice given to the Board of Shell Fish Com- 
missioners, shall proceed to hear testimony and decide the case, as pro- 
vided in the succeeding section, but this section shall not apply where 
the ground claimed by the petitioners has been legally taken up prior to 
April 2, 1906. 

* Hearing by Circuit Court ; Decision Final. 

1906. Ch. 711. Sec. 92. 
94. Upon hearing a case presented by petition under the preced- 
ing section, the judge shall determine the question whether the ground 



72 

referred to in said petition is a natural bed or barren bottom, and his 
finding on said question shall be final, and shall be entered upon the 
records of the Board of Shell Fish Commissioners in their office in the 
city of Annapolis, and properly marked on .the copies of the plats as 
hereinbefore required. 

Amended Survey. 

1906, Ch. 711, Sec. 93. 
9S» Such amended survey shall be filed in the office of the clerks 
of the circuit court for the counties in which the original surveys here- 
inbefore provided are required to be filed, and when so filed shall be 
conclusive evidence in all the courts of this State as to whether the area 
embraced therein is or is not a natural oyster bed, bar or rock. 

Deposit by Petitioners. 

1906, Ch. 14, Sec. 94. 

96. Whenever a petition is filed in the circuit court for any coun- 
ty, as authorized in section 93 of this article, the parties so petitioning 
shall deposit twenty-five dollars, to be returned to the petitioners if the 
judge shall determine in favor of the petitioners ; but if the judge shall 
determine adversely to the petitioners, the said sum to be applied, so far 
as necessary to the payment of costs incurred in the proceedings under 
said petition, and the balance to be returned to said petitioners. 

Assistance of County Surveyor. 

1906, Ch. 711, Sec. 95. 

97, The said board shall be authorized to call to their assistance 
the county surveyor of any county whenever in their judgment his 
assistance is necessary, and shall pay him for his services such compen- 
sation as is authorized by law for his services in other proceedings. 



73 

Crabbing Sections to be Designated on Maps and 
Charts ; Exemption. 

» 1906, Ch. 711, Sec. 96. 

OS. The Board of Shell Fish Commissioners shall cause an accurate 
survey of and delineation upon the maps and charts aforesaid of all bot- 
toms of the tributaries of the Chesapeake bay where grass grows and it 
is profitable to scrape for soft shell or shedder crabs, and shall have such 
bottoms properly designated by permanent objects on the shore, as pro- 
vided hereiobefore for natural oyster beds, bars and rocks, which said 
crabbing sections shall be exempt from leasing for oyster culture. 

Assistance of Steamer of State Fishery Force and Deputy 

Commanders. 

1906, Ch. 711, Sec. 97. 
90. One of the steamers of the State Fishery Force shall be kept 
in commission under the command of the deputy commander, and sub- 
ject to the control and direction of the commissioners from the first day 
of April in each year until the first day of October following, to assist 
the board in the performance of the duties imposed upon it by this sub- 
title ; and the deputy commander in each of the several districts of this 
State shall also be subject to the control and direction of said commis- 
sioners during the closed season for taking or catching oysters with 
rakes and tongs during the time the said commissioners shall be en- 
gaged in the respective districts in locating natural oyster beds, bars 
and rocks, and shall give the said commissioners every assistance in 
their power. 

Leases; Limitations Thereof ; Rent; Lease may be Vacated 

1906, Ch. 711. 1912. Ch. 539, Sec. 98. 
lOO, After the survey provided for herein shall have been com- 
pleted, it shall be the duty of the Board of Shell Fish Commissiouers to 
lease, in the name of the State of Maryland, tracts or parcels of land 



74 

beneath the waters of this State, whether within the limits of the coun- 
ties or elsewhere, in the area to be opened for oyster culture according 
to the provisions of this act ; provided, that no tract so leased, if situated 
within the territorial limits of any county in this State, shall contain less 
than one acre of land, and if situated in any other place, no tract so 
leased shall contain less than five acres. It shall be the duty of 
said board to require that the tracts so leased shall be as nearly rec- 
tangular as is convenient. It shall be the duty of the said board 
to demand from each lessee payment of the rent each year in ad- 
vance. No person shall be permitted by lease, assignment or in any 
other manner, to acquire a greater amount of land than thirty acres situ- 
ated within the territorial limits of any of the counties, or five hundred 
acres in any other place; provided, hovvever, that an individual may ac- 
quire a tract not exceeding one hundred acres of land beneath the 
waters of Tangier Sound. Leases of such lands shall be made only to 
residents of Maryland, The term of such leases shall be twenty years, 
and the annual rent reserved to the State shall be one dollar per acre 
for each of the 6rst two years of said term of twenty years ; two dollars 
per acre for the third year ; three dollars per acre for the fourth year ; 
four dollars per acre for the fifth year ; and five dollars per acre during 
the remainder of the term. On and after April 1st, 1913, the Board of 
Shell Fish Commissioners may lease, at a rent at price which in their 
judgment is a proper one and commensurate with the value of the land 
so leased, any land subject to the provisions of this act which has not 
been applied for or leased up to that time ; provided, however, that no 
land shall be leased at a less price than twenty-five cents (25c) per acre, 
and the land so leased under this provision shall be subject to all other 
provisions of this act. If any part of the rent reserved under such lease 
shall remain unpaid for more than six months after the same becomes 
due, such lease or leases may, at the option of the Board of Shell Fish 
Commissioners, be declared void, and in that event the land shall revert 



75 

to the State, and may be leased again in accordance with the provisions 
of this act. The said board may, at the request of any lessee, if it shall 
appear equitable so to do, upon cause shown in writing, cancel his lease 
as to the whole or a part of the land leased. The Board of Shell Fish 
Commissioners is hereby directed to submit a plan to the next session of 
the General Assembly of Maryland providing for the assessment of 
rentals for leased bottoms in accordance with the value of these bot- 
toms for the cultivation of oysters. 

When and Where Leasing to Begin. 

iyU6, Ch. 711, Sec. 99. 
±0±, In case the survey provided for by this sub-title shall not 
have been completed within one year from April 2, 1906, then it shall 
be the duty of the Board of Shell Fish Commissionerw to begin the leas- 
ing of barren bottoms in the manner and upon the terms provided in 
the preceding section ; provided, that such leasing shall then commence 
only in those areas in which the survey provided for in thin sub-title 
shall have been completed. 

Exclusive Rights of Riparian Owners and Those Engaged 
in Dredging, Etc.; Provisos. 

1906, Ch. 711, Sec. 100. 1912, Ch. 539, Sec. 100. 
102. For a period of thirty days after the said survey shall have 
been completed, or after any area shall have been opened to leasing 
under the preceding sections, citizens of Maryland residing in any part 
of the State, who, at the time of the completion of said survey, or at 
the respective times of the opening for oyster culture of the several 
areas, as the case may be, may be owners of land having a water front 
upon any part of the said areas so opened to oyster culture, shall have 
the exclusive right to rent any land opened to oyster culture under the 
provisions of this act adjacent to their lands. And for an additional 
period of thirty days, after the expiration of the said period of thirty 



76 

days, all boatmen, residents of this State, who shall be engaged in the 
business of dredging, scraping or tonging for oysters at the time of the 
completion of the said survey, or at the respective times of the opening 
for oyster culture of the several areas, or if said survey shall be com- 
pleted, or the said areas shall be opened to oyster culture during the 
closed season for dredging, scraping or tonging, as the case may be, 
then the person so engaged at the end of the last dredging, scraping or 
tonging season shall have the like exclusive right in the order of their 
respective applications, as the same may be received and opened by the 
Board of Shell Fish Commissioners, to rent any adjacent lands ; pro- 
vided, that in no event any such land owner, boatman or any other per- 
son be permitted to rent or acquire more than thirty acres, one hundred 
acres, or five hundred acres, as the case may be, dependent upon the 
situation of the land which is leased or acquired ; and provided, further, 
that no such riparian landowner, as is mentioned in this section, shall be 
entitled to rent the amount of thirty acres, one hundred acres, or five 
hundred acres, as the case may be, unless the water front of the land so 
owned by him, if fronting on water within the territorial limits of a 
county, be at least two hundred yards, or if fronting on waters in any 
other place, be at least seven hundred yards. The owners of land hav- 
ing a less water front than ia mentioned above shall be entitled to rent 
a proportionately less amount of land, dependent upon the length of the 
front upon water within county limits or elsewhere. 

Form of Application. 

1906, Ch. 711, Sec. 101. 
103. Blank forms of application shall be furnished upon reason- 
able charges, to be prescribed by the Board of Shell Fish Commissioners, 
to any person desiring the same. All such forms shall be printed, and 
shall be substantially in the following language : Application for 
a lease to the Board of Shell Fish Commissioners of Maryland. The 



77 

application of a resident of county, 

in the State of Maryland, respectfully shows that he is a resident of said 
State ; that he wishes and intends to use the ground hereinafter de- 
scribed for planting or cultivating oysters. He, therefore, requests that 
said board lease to him, in the name and on behalf of the State of Mary- 
land, acres of ground located under the waters of the 

State of Maryland, which ground is more particularly described as fol- 
lows, to wit: (Describe here.) Dated at Maryland, this 

day of A. D. 



Applicant. 
Leases of Remaining Land to Residents of Maryland. 

1906. Ch. 711, Sec. 102. 1912. Ch. 539. Sec. 102. 

104, When the period of sixty days shall have elapsed after said 
survey shall have been completed, and after the lands beneath the 
waters of any area shall have been opened to leasing under section 99 
of this act, the Board of Shell Fish Commissioners shall endeavor to 
lease the remaining portions of land so open to oyster culture under the 
provisions of this act to applicants, who shall be residents of Maryland, 
in the order of their applications received and opened by said commis- 
sioners. 

Application ; Fee. 

1906, Ch. 711, Sec. 103. 

105. Any person who may desire to plant and cultivate oysters 
in the area hereinbefore designated shall file with the Board of Shell 
Fish Commissioners an application substantially in the form prescribed 
in section 103 of this article. The applicant shall indicate plainly the 
location of the land he desires to lease. The application shall be sworn 
to before a justice of the peace of this State. A fee of five dollars shall 



78 

be paid by the applicant to the Board of Shell Fish Commissioners at 
the time of tiling the application, which fee shall be returned to the ap- 
plicant if his application shall be for any reason declined. 

Register of Titles to Oyster Lands ; Additional Fee ; 

Survey. 

1906, Cb. 711, Sec, 104. 
106. If such applicant be a resident of the State of Maryland, 
and if no objections to the issuing of the lease asked for in any such ap- 
plication be filed with the commissioners within the period of thirty 
days after such application is made, or as soon as any objections that 
may have been filed to the granting of such lease will have been finally 
over-ruled by said commissioners, the said commissioners, upon pay- 
ment by the applicant of a further fee of two dollars and a half, in addi- 
tion to the fee of five dollars, which is to accompany his application, shall 
cause to be entered in a book or books to be known as " The Register 
of Titles to Oyster Lands/' the name of the applicant, with a concise 
but clear description of the land applied for. A survey of such land at 
the expense of the applicant shall be made by the board before the 
entry, if in its opinion, said survey is necessary to an accurate description 
thereof. The payment of the proper fees due for the application and 
record in the register required by this section to be kept shall consti- 
tute between the State and the applicant the relation of landlord and 
tenant for the term of twenty years, from the record of the lands so 
applied for as aforesaid, at the annual rentals provided in section 100 of 
this article. 

Relation of Landlord and Tenant ; How Far it Applies. 

1906, Ch. 711, Sec. 105. 1912, Ch. 539, Sec. 105. 
107. The relation of landowner and tenant stated in section 104 
shall have all the incidents attaching to that relation as the same exists 
under the laws of Maryland, excepting only the following particulars : 



79 

First. Land leased under this act shall be used only for the purpose 
of planting and cultivating oysters. 

Second. No right shall exist to redeem or purchase any land of the 
State so leased. 

Third. Any other modification caused by the provisions of this act. 

Ground Leased to be Marked. 

1906, Ch. 711, Sec. 106. 
108, The commissioners shall at once notify the lessee of the 
record ia the register required by sectioa 106, aud the lessee shall, as 
soon thereafter as practicable, not exceeding thirty days from the receipt 
of said notice, cause the ground designated as leased to him to be plain- 
ly marked out by stakes, buoys or monuments, under the supervision of 
the commissioners. A.t least four of such stakes, buoys and monuments 
shall have the initials of the lessees plainly marked upon them, and such 
stakes, buoys or monuments shall be at all times during the existence of 
said lease continued by said lessee or his legal representative. 

Limits of Application of Oyster Law. 

1906, Ch. 711, Sec. 107. 
109. This sub -title is not intended to apply to any lands owned 
by private persons, the bounds of which extend below low water into or 
beneath the waters of this State. This sub-title shall not be so con- 
strued as to apply to any creek, cove or inlet less than one hundred 
yards in width at its mouth at low tide. 

Prior Lawful Appropriation for Planting, Etc.; Rights 
Conferred Thereby. 

1906. Ch. 711. Sec. 108. 
IIO. Any person who has, prior to April 2, 1906, lawfully appro- 
priated or taken up any land in this State, for the purpose of planting , 
bedding or cultivating oysters thereon, may become a lessee of said land 



80 

for the term of twenty years from said date, with all the incidents, in- 
cluding the payment of the rents, of the leases contemplated by this 
sub-title, provided such person gives written notice to the Board of 
Shell Fish Commissioners of his intention to become such lessee within 
six months after the passage hereof. The holding of any person who 
may have appropriated any such land shall become void and of no effect 
in law upon the expiration of the said period of six months from April 2, 
1906, if no such notice of intention will have been given within said 
period of six months. 

Rights of Lessees. 

1906, Ch. 711, Sec. 109. 

111. The lessee of any land leased for the purpose of planting 
and cultivating oysters shall have exclusive ownership of and title to all 
oysters planted by him or existing on the land leased. 

Invalid Assignments ; Reverter. 

1906, Ch. 711, Sec. 110. 1912, Ch. ,539, Sec. 110. 

112. No assignment or transfer of any interest acquired by this 
act shall be valid for any purpose if made to a non-resident of this State. 
If any such assignment is attempted to be made, all interest of the 
grantor, or assignor, shall revert to the State as if no lease had ever 
been made. If any assignment of any interest created by this act is at- 
tempted to be made to any corporation, or joint stock company, all the 
interest of the grantor or assignor shall revert to the State as if no lease 
had ever been made. If any assignment or any interest created by this 
act is attempted to be made to any person in such a way that the as- 
signee shall become the holder of more than thirty acres, one hundred 
acres, or five hundred acres, as the case may be, according to the lo- 
cation of land leased under this act, all interest of the grantor or as- 
signor, in case of such assignment, shall revert to the State as if no lease 
had been made. 



81 

Oysters May Be Taken From Natural Beds Between 15th 
of April and 15th of May. 

1906, Ch. 711, Sec. 111. 

113. It shall be lawful for any tonger, between the 15th day of 
April and the 15th day of May in any year, to take oysters from such 
natural beds or bars in the tonging districts of the Chesapeake bay and 
its tributaries, as the commission may mark out for that purpose, and 
uader such regulations as said commission may from time to time pre- 
scribe ; and provided, however, that said oysters may be sold only for 
the purposes now permitted under the existing laws of Maryland dur- 
ing the season of the year above mentioned ; and in addition thereto, to 
persons engaged in the industry of planting and cultivating oysters 
within the area designated by this sub-title, the same to be delivered 
only upon lands which may have been leased under the provisions of 
this sub-title, for said purposes of planting or cultivation. 

Lessees Required to Take Out License. 

1906. Ch. 711, Sec. 112. 19i2, Ch. 539, Sec. 112. 

114. No person shall catch or take oysters with dredge or similar 
instrument on any land held by lease under the provisions of this act 
without first having obtained a license therefor in the same manner as is 
now required by law for dredging oysters on the natural bars in the 
waters of the Chesapeake Bay. No steamer or power boat of any kind 
shall be used or employed in catching or taking oysters in the waters of 
the State with scoop, scrape, dredge or similar instrument ; and the cap- 
tain of any boat engaged in taking oysters by any of the above mention- 
ed methods, who shall have on his boat any engine or motor of any 
kind, whether attached to said boat or not, which is adapted to or can 
be used in propulsion of said boat, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined not less than fifty dollars nor more 
than two hundred dollars. Oysters may be taken in the Chesapeake 



82 

Bay and its tributaries and all other waters of the State on leased bot- 
toms by the holders of such leased bottoms by dredging, scraping or 
tonging with boats propelled by oars or sails only, at such time as may 
be desired by the holders of such land, between sunrise and sunset 
of any week day between the fifteenth day of September in any year 
and the fifteenth day of June in the following year. It is, 
however, specially provided that it shall be unlawful for any hold- 
er of land under this act to take up oysters from the land so held by 
him during the closed season for the dredging of oysters from the natu- 
ral bars of this State, until after he has given a written notice of his in- 
tention so to do to the official in charge of the nearest police boat, in 
which notice he shall name the week day or week days, and the hours 
between sunrise and sunset of such week day or week days, in such 
closed season during which he may intend to take oysters from such 
land, and it shall be unlawful for the holder of any such land to take up 
oysters from the land held by him at any other times than those named 
in such notice. Any person violating any of the provisions of this sec- 
tion shall be deemed guilty of a misdemeanor, and upon indictment and 
conviction in any circuit court for any county of this State, or in the 
criminal court of Baltimore city, before which such case is tried, shall 
be subject to all the penalties provided in section 24 of this article for 
taking oysters unlawfully within the provisions of certain sections therein 
referred to. 

1 14a. Any person who, being a lessee under the provisions of this 
act, shall dredge or otherwise take oysters from any of the natural beds 
or bars in the waters of this State, in violation of any of the laws of this 
State, shall be deemed guilty of a misdemeanor, and upon indictment 
and conviction in any circuit court for any county of this State, or in the 
criminal court of Baltimore city, before which such case is tried, shall be 
subject to all the penalties provided in section 24 of this article for tak- 



83 

ing oysters unlawfully witbin the provisions of certain sections therein 
referred to. And the Board of Public Works is hereby authorized to 
purchase and maintain mot')r or other boats that may be required by 
the State Fishery Force to enforce the provisions of this section, and to 
pay for the same out of the revenues received under this act. 

Wilful Removal or Interference With Oysters or Stakes, 

Etc.; Penalty. 

1906, Ch. 711, Sec. 113. 
1 13. Any person who shall wilfully anrl without authority take or 
remove oysters from any land leased under the provisions of this sub- 
title, or shall wilfully injure or interfere with the oysters of such land in 
any manner, or injure the oysters thereupon situated, or remove, alter 
or interfere with the stakes, buoys or monuments marking the same, 
shall, upon conviction thereof, for the first ofifense, be sentenced to im- 
prisonment in jail or in the penitentiary, in the discretion of the court, 
for not less than three months and not more than two years ; and for 
the second, or any subsequent offense, be sentenced to imprisonment in 
the penitentiary for not less than two years and not more than five 
years. 

Working Dredge, Etc., and Casting Haul, Etc. ; Penalty. 

1906. Ch. 711, Sec 114. 
1 lO. Any person who shall work a dredge, scrape or pair of tongs, 
or any other implement, for the taking of oysters upon any land leased 
under the provisions of this sub-title without the consent of the lessee 
or owner, or who shall, while upon or sailing over any such ground or 
bed, cast, haul, or have overboard any such dredge, scrape or pair of 
tongs or other implement for the taking of oysters, under any pretense, 
or for any purpose whatever, without the consent of such lessee or own- 
er, upon conviction thereof shall, for the first offense, be fined not less 
than fifty dollars nor more than two hundred and fifty dollars, or in the 



84 

discretion of the court, be imprisoned in jail or in the penitentiary for 
not less than three months nor more than one year, or shall be both so 
fined and imprisoned; and for the second or any subsequent ofifense shall 
be sentenced to imprisonment in the penitentiary for not less than two 
years nor more than five years. 

Making Boat Fast to Buoy, Etc. ; Penalty. 

1906, Ch. 711, Sec. 115. 
W? • Any person who shall make his boat fast to a State buoy or 
remove the same, or in any manner interfere therewith, the same shall, 
in the discretion of the court, upon conviction thereof, be sentenced to 
the penitentiary for a term of not less than one year or more than two 
years. 

Unlawful to Appropriate Bottom Except as Herein 

Provided. 

Act 1912. 
WJSLm It shall be unlawful for any person other than a lessee under 
this act, or for any lessee under this act, while he shall be in default in 
payment of rent, to appropriate to himself for any purpose any of the 
barren bottoms under the waters of this State which are, by the pro- 
visions of this act, subject to lease, or to use any such barren bottoms 
in any way for the purpose of bedding, planting or cultivating oysters ; 
and any person violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon indictment and conviction 
in any circuit court for any county in this State, or in the criminal 
court of Baltimore city, before which such case is tried, shall be fined 
the sum of fifty dollars for each violation thereof. Each day during 
which or in which any of the acts prohibited by this section may be per- 
formed shall constitute a separate violation of its provisions. It shall 
be the duty of the State's attorney of the county having jurisdiction, or 
of Baltimore city, at the request of the Board of Shell Fish Commis- 



85 

siouers, to prosecute anyone violating the provisions of this section. 
The net proceeds of fines collected under this section shall be applied as 
follows : One-half of the same shall be paid to the informer, if any, and 
the remainder shall be applied according to the provisions of section 118 
of this article. 

Additional Penalty for Violation of Law. 

1906. Ch. 711. Sec. 116. 1912, Ch. 539, Sec. 116. 
1 13. In addition to other penalties herein provided, any person 
convicted of a violation of tihis act under either of the six preceding sec- 
tions (sections 112A to il5A, both inclusive,) shall be and is hereby 
denied the right to take out any license to dredge, acrape or tong for 
oysters in any waters of this State for the period of three years after 
said conviction. 

Duty of State Fishery Force. 

1906. Ch. 711, Sec. 117. 
1 IQ, It shall be the duty of all officers and members of the State 
Fishery Force to arrest persons violating this sub title, and to patrol 
such waters of the Chesapeake bay and its tributaries as they ma/ be 
directed by the Board of Public Works to patrol, for the purpose of 
preventing violations of this sub- title. 

Application of Revenue. 

1906, Ch. 711, Sec. 118. 1912, Ch. 539, Sec. 118. 

120. The revenues arising from the operation of this act shall be 
applied in the following manner : 

First. To the payment of all expenses and disbursements authorized 
by this act. 

Second. The balance to be paid at the end of each year into the 
treasury of the State, to be placed to the credit of, and divided equally 
between, two special funds, the first to be known as the " Special Road 



86 

Fund," and the second to be known as a " Fund for the Conservation 
of Natural Oyster Bars." 

Annual Report of Commissioners ; Powers and Duties ; 
Restoring of Depleted Bottoms. 

1906,. Ch. 711, Sec. 119. 

121. The Board of Shell Fish Commissioners shall annually pre- 
pare and publish, in pamphlet form, a full report of its transactions dur- 
ing the year prior thereto, as well as a statement of the operations of 
this sub-title, and an account of the receipts and disbursements hereun-^ 
der. The said report shall also contain a detailed statement of the lands 
leased under this sub-title, with the names of the lessees. The said 
commission shall also in its reports make such recommendations as it 
may deem proper concerning^ further legislation or changes in the pres- 
ent oyster laws, and shall present the said report to the General Assembly 
of Maryland. 

1912, Ch. 539, Sec. 119A. 

121a. It shall be the duty of the Board of Shell Fish Commis- 
sioners to take such measures as in its judgment shall seem best calcu- 
lated to increase the productivity of any part of tb« natural oyster bars 
defined as such by records and charts filed with the courts of thi» S>tate; 
and the expense of so doing shall be paid out of the- " Fund for the Con- 
servation of Natural Oyster Bars," upon requisition made by the Board 
of Shell Fish Commissioners, endorsed by the Comptroller of the S'tate. 

1912, Ch. 539, Sec. 119B. 
121l>. Any natural oyster bar or bars, or parts of bar or bars, 
which the Board of Shell Fish Commissioners may designate for the 
purpose of being cultivated and restored, may be exempted by the Bbard 
•of Shell Fish Commissioners from all rights of taking oysters in> any 
manner, by any person whatsoever, for a period to be specified in a notice 
of such intention, to be published in local papers thirty days prior to 



87 

such action ; provided, that said published notice shall become void and 
of no effect at any time during the period of thirty days after the publi- 
cation of said notice by the filing of a petition with the Board of Shell 
Fish Commissioners signed by twenty-five licensed oystermen entitled to 
take oysters from the bars or parts of bars designated by the said notice. 

1912, Ch. 539, Sec, 119C. 
121c, For the purpose of performing the duties imposed upon the 
Board of Shell Fish Commissioners by sections 119A and 119B, they may 
employ a superintendent of natural oyster bars, or designate ooe of the 
employees of the Board of Shell Fish Commissioners to act as such; and 
it shall be the duty of such superintendent, under direction of the 
Board of Shell Fish Commissioners, to give personal supervision to the 
work of cultivating and restoring the natural oyster bars designated for 
that purpose by the order of the Board of Shell Fish Commissioners. 

1912, Ch. 539, Sec. 119D. 
12 Id. The Board of Shell Fish Commissioners, in addition to 
taking such measures of conservation of natural oyster bars as in its 
judgment seems advisable, shall purchase, from the lowest responsible 
bidder, shells or oysters or other material at such places and in such 
quantities as may be needed for the purpose of restoring the natural 
oyster bars ; and in inviting proposals for such shells or oysters they 
may prescribe that the shells or oysters shall be delivered at a convenient 
place for shipment, or they may require that the said shells or oysters be 
delivered and distributed by the sellers thereof on such particular natural 
oyster bars, or parts of bars, as the Board of Shell Fish Commissioners 
may be engaged in cultivating and restoring ; and the Board of Shell 
Fish Commissioners shall have the power to cause such shells or oysters 
to be properly distributed on the designated natural oyster bars, or parts 
of bars, under the direction of the superintendent of natural oyster bars. 



88 

1912, Ch. 539, Sec. 119E. 
121^, For the purpose of discharging the duties imposed upon 
it by the four preceding sections of this act, the Board of Shell Fish 
Commissioners shall have the same control and direction, and be to the 
same extent over the State Fishery Force, as is given to said Board of 
Shell Fish Commissioners by section 97 of this article, 

1912, Ch. 539, Sec. 119F, 
1211. The said Board of Shell Fish Commissioners shall in no 
case contract any obligation or incur any indebtedness for the restoring 
and re-shelling of natural oyster bars in excess of money, at the time of 
the incurring of said obligation or contracting of said debt, in the State 
treasury to the credit of the " Fund for Conservation of Natural Oyster 
Bars," 

Description of Location of Leased Ground Indictment. 

1910, Ch. 424, Sec. 120. 

122. Iii aiiy indictment for a violation of sections 115 and 116 of 
this article, or of any other section thereof whereby it may become 
necessary to describe the location of the particular oyster lot, it shall 
not be necessary to set forth all the procedure required by law to locate 
said lot. It shall be suflfifient to use a formula substantially to the fol- 
lowing effect : 

"That A. B., on the day of , nineteen hundred 

and , at the county and State aforesaid, being then and there 

a citizen of county and State of Maryland, did lease, locate 

and appropriate a certain oyster lot in the waters of the , 

in the county and State aforesaid, for the purpose of planting and culti- 
vating oysters thereon ; that said oyster lot was leased, located and ap- 
propriated in due form of law, as provided by chapter 711 of the acts of 
1906, a plat and written description of which is duly recorded among 
the oyster lot records of the Board of Shell Fish Commissioners of the 



89 

State of Maryland, and the said lessee has complied with all the con- 
ditions and terms of the said lease, as well as the said chapter 711 of 
the acts of 1906, and the Board of Shell Fish Commissioners of Mary- 
land authorizing the same, and has planted oysters and shells within the 
lines of said oyster lot located and appropriated as aforesaid. That 

afterward, to wit, on the day of , in the year 19 , 

the county and State aforesaid, a certain C. D. from the said oyster lot, 
located, appropriated and leased as aforeoaid by and to the said A. B., 
then and there, wilfully and without authority from the said A. B., 
owner and lessee as aforesaid, did take and remove oysters from the 
oyster lot aforesaid (or did interfere with or injure the oysters thereon, 
or interfere with the stakes, etc., marking the said lot, or have over- 
board any dredge, scrape, pair of tongs or other implement for taking of 
oysters, as the case may be,) knowing them to be planted and bedded 
oysters. 

How Location May be Proved. 

1910. Ch. 424, Sec. 121. 
j^23^ At any trial on such an indictment, or for any offense under 
or in violation of this sub- title, whereby it may become necessary to 
prove the Board of Shell Fish Comraissiouers present with their records, 
nor shall it be necessary to have the surveyor present, but the said loca- 
tion may be proven either by the original or a certified copy of the lease 
thereof; and any plat of the said location made or certified to by the 
said Board of Shell Fish Commissioners shall also be evidence of the 
said location of the said oyster lot. 

Productiveness of Natural Beds to be Increased. 

1910, Ch. 735, Sec. 120. 
1 24. It shall be the duty of the Board of Shell Fish Commissioners 
to take such measures as in their judgment shall seem best calculated to 
increase the productivity of the natural oyster beds or bars of the State, 



90 

and the expense of so doing shall be paid out of the natural oyster bed 
re-shelling fund, upon requisition made by the Board of Shell Fish 
Commissioners, endorsed by the Comptroller of the State. 

Superintendent of Natural Oyster Beds. 

1910. Ch. 735, Sec. 122. 

125. For the purpose of performing the duties imposed upon the 
Board of Shell Fish Commissioners by section 124, they shall employ a 
superintendent of natural oyster beds, at a salary of $100 per month, be- 
ginning April 1st, and ending September 30th, payable monthly; and it 
shall be the duty of such superintendent, under the direction of the 
Board of Shell Fish Commissioners, to give personal supervision to the 
work of re-shelling the natural oyster beds done by the order of the 
Board of Shell Fish Commissioners. 

Purchase and Distribution of Shells. 

1910, Ch. 735, Sec. 122. 

126. The Board of Shell Fish Commissioners shall purchase from 
the lowest responsible bidder shells at such places and in such quanti- 
ties as they may need for the purpose of re-shelling the natural beds, 
and in inviting proposals for such shells they may prescribe that the 
shells shall be delivered to the superintendent of natural beds, or to his 
order, at some convenient place for the shipment of the said shells, or 
they may require that the said shells shall be delivered by the sellers 
thereof on such particular natural bed or beds as the commission may 
then be engaged in re-shelling, and may require the seller of such shells 
to distribute them under the direction and control of the superintendent 
of natural beds. If they shall buy such shells to be delivered other- 
wise than on the natural beds, the Board of Shell Fish Commissioners 
shall have the power to cause the said shells to be taken from the place 
at which they are delivered to the said superintendent of natural beds 



91 

to the said natural beds, and to cause the said shells to be there, under 
the superintendent, or the superintendent of natural oyster beds, prop- 
erly distributed on the bed or beds, which the Board of Shell Fish Com- 
missioners may then be engaged in re-shelling. 

Control of State Fishery Force. 

1910, Ch. 735, Sec. 123 

127. For the purpose of discharging the duties imposed upon 
them by sections 124 to 128, the Board of Shell Fish Commissioners 
shall have the same control and direction, and to the same extent, over 
the State Fishery Force as is given to the said Board of Shell Fish 
Commissiouers by section 99 of this article for the purpose of perform- 
ing the duties imposed upon the Board of Shell Fish Commissioners by 
chapter 711 of the acts of 190G. 

Limit of Expenditures. 

1910, Ch. 735, Sec. 124. 

128. The said Board of Shell Fish Commissioners shall in no case 
contract any obligation or incur any indebtedness in excess of money at 
the time of the incurring of said obligation or contracting of said debt 
in the State Treasury to the credit of the natural oyster re-shelling fund. 

Survey and Designation of Clam Rocks. 

1908. Ch. 590, Sec. 1. 

129. It shall be the duty of the Board of Shell Fish Commission- 
ers, as soon after April 6, 1908, as practicable, to have laid out, surveyed 
and designated on charts provided for such purpose, gravel rock, ware 
rock and flat rock, being clam rocks located in the waters of Pocomoke 
sound, in Somerset county, and State of Maryland, and shall cause to be 
marked and defined as accurately as practicable the limits and bounda- 
ries of each of the above named rocks, and they shall take true and ac- 
curate notes of said survey and mark the report and perform all other 



92 

duties connected with said survey as said duties are prescribed by chap- 
ter 711 of the acts of the General Assembly of Maryland of 1906 per- 
taining to natural oyster beds and bars. 

Rocks Not to be Leased; Treated as Natural Oyster Beds. 

1908, Ch. 590, Sec. 2. 
13Q, After said rocks shall have been surveyed, as provided in 
section 129 of this article, no part of them shall be leased to any person 
or persons for the purpose of planting, bedding or cultivating oysters 
therein, but they shall be reserved to the public in the State of Mary- 
land for the sole purpose of taking clams therefrom, and shall be treated 
in every particular as are the natural oyster beds or bars which have 
been or shall be surveyed by the Board of Shell Fish Commissioners 
under chapter 711 of the acts of the General Assembly of Maryland 
of 1906. 
Boat to be Rented, to Guard Bottoms of Wicomico River. 

1908, Ch. 228. 
131. The Board of Public Works shall be and is hereby author- 
ized and required to rent or hire a suitable boat to assist in guarding 
the tonging bottoms of Somerset county located at or near the mouth 
of the Wicomico river, or adjacent thereto, and in enforcing the laws 
pertaining thereto, at a cost not to exceed thirty dollars per month for 
the hiring of said boat, and to appoint a suitable person to command 
said boat at a salary of fifty dollars per month, from the first day of 
September to the 30th day of April following of each and every suc- 
cessive oyster season ; and the commander of said boat shall be author- 
ized to select such number of seamen to serve on said boat as the Board 
of Public Works shall authorize, not to exceed two in number, at salaries 
of thirty dollars each per month during the period of his or their ser- 
vice on said boat ; provided, however, that the owner of such boat so 
hired shall keep the same in good order and repair. 



93 

CONCURRENT LAW, MARYLAND AND VIRGINIA. 

Who May or May Not Take Fish, Oysters or Crabs 
in the Potomac River; Penalties. 

1912, Ch. 4. (Page 31.) 
Section 1. It shall be lawful for any citizen of the State of Mary- 
land, or the State of Virginia, to take fish, oysters or crabs from the 
Potomac river after complying with the requirements of the laws of the 
State of which he is a citizen for the taking of fish, oysters or crabs from 
the waters of such State ; and any citizen of either State who takes fish, 
oysters or crabs from the Potomac river without having complied with 
the requirements of the law of his State as to the taking of fish, oysters 
or crabs in its own waters, shall be considered guilty of violating the laws 
of the State of which he is a citizen, and shall be prosecuted according 
to such laws. It shall not be lawful for any person to take or catch fish, 
oysters or crabs in any manner whatever in the waters of the Potomac 
river unless he be a citizen of Maryland or of Virginia, and shall have 
been a resident of the State of which he is a citizen for twelve months 
immediately preceding. Any such non-resident^ violating this section 
shall be subject to a tine of five hundred dollars ; furthermore, any ves- 
sel, with its equipment and cargo, or any net or other appliances used in 
violating this section, shall be deemed forfeited to the State. 

Restrictions as to the Time and Manner of Taking 

Oysters. 

Section 2. It shall not be lawful for any citizen of Maryland, or of 
Virginia, to take or catch oysters with a scoop, scrape, dredge, or any 
other instrument in the waters of the Potomac river between the fifteenth 
day of March and the first day of November of each year ; it shall not be 
lawful for any citizen of either State to take oysters with tongs from the 
waters of the Potomac river between the twenty-fifth day of April and 
the fifteenth day of September of each year, except as hereinafter pro- 



94 

vided in section 4 of this act; it shall not be lawful for any person to 
have in possession any oysters taken from the waters of the Potomac 
river between the first day of May and the fifteenth day of September 
of each year. Every person found guilty of violating any of the provisions 
of this section shall be fined not Isss than fifty dollars nor more than five 
hundred dollars for each offense, and the vessel, together with its equip- 
ment and cargo used in violating any such provisions, shall be forfeited 
to the State. 

Providing a Cull Law and Imposing Penalties. 

Section 3. All oysters taken from any natural rocks, beds or shoals 
within the Potomac river shall be culled on their natui'al rocks, beds or 
shoals as taken, and oysters whose shells measure less than two and one- 
half inches in length, measuring from hinge to mouth, and all shells shall 
be included in said culling and replaced on yaid rocks, beds or shuals ; 
provided, that oysters once passed from the culler less than the prohibited 
size and all shells shall be considered as not having been culled accord- 
ing to the provisions of this section; provided, that when small oysters are 
adhering so closely to the shell of a marketable oyster as to render re- 
moval impossible without destroying the small oyster, then it shall be 
necessary to remove it. And it shall be unlawful for any person to take, 
buy or sell the small oysters and shells from the natural rocks, beds and 
shoals as aforesaid, or to take, buy, sell or have in possession oysters less 
than two and one-half inches in length from hinge to mouth. When- 
ever any inspector or other officer shall have reason to believe that this 
section has been violated with reference to the culling of oysters, 
such inspector or other officer is hereby authorized to examine the cargo 
of any boat or vessel, and if, upon examination of said cargo the said 
inspector or other officer shall find that five per centum or more of said 
cargo shall consist of shells and oysters whose shells measure less than 
two and one-half inches in length, measuring from hinge to mouth, the 



95 

captain of the boat or other persoa ia charge of said boat shall be deem- 
ed to have violated this section, and upon conviction, if of a dredge boat 
or vendor of oysters, shall be fined not less than forty dollars nor more 
than two hundred dollars, or confined in jail not less than thirty days 
nor more than six months, either or both, and said cargo confiscated and 
returned to the natural beds under the supervision of the oyster in- 
spector or other officer making the arrest, and the boat or vessel on 
which said oysters are found shall be held as security for the payment 
of said fiue ; if the boat in which only oyster tongs are used, the said 
captain or other person in charge shall be fined not less than tv^enty 
dollars nor more than one hundred dollars, or confined in jail not less 
than fifteen days nor more than three mouths, either or both, and said 
cargo confiscated and returned to the natural beds under the super- 
vision of the oyster inspector or other officer making the arrest ; and 
the boat or vessel on which said oysters are found shall be held as se- 
curity for the payment of said fine ; provided, however, that when any 
person shall be found with oysters in violation of this section he shall 
be presumed to be a dredger or vender of oysters, and if he claims to be 
a tonger, the burden shall be upon said person to show that he is a tong- 
er only ; provided, that this section shall not apply to that portion of 
the Potomac river above a straight line drawn from the north point at 
the mouth of Upper Machodoc creek, in the county of King George, 
Virginia, to Lower Cedar point, in Charles county, Maryland. 

Regulating the Taking of Seed Oysters and Providing 

Penalties. 

Section 4. It shall be lawful, between the first day of January and 
the first day of May of each year, to take oysters of any size with ordi- 
nary or patent oyster tongs from the natural rocks, beds and shoals in 
the Potomac river above a straight line drawa from the north point at 
the mouth of Upper Machodoc creek, in the county of King George, 



96 

Virginia, to Lower Cedar point, in Charles couaty, Maryland, to be used 
for planting in the waters of Maryland or Virginia only ; but it shall be 
unlawful at any time to take shells to which no oyster is attached, or to 
take oysters from said waters at any other time, or in any other manner, 
or for any other purpose, than as above provided. Any person con- 
victed of taking shells as aforesaid, or of taking oysters from the Poto- 
mac river above the said line at any other time or in any other manner 
than with oyster tongs, or for any other purpose as aforesaid, shall be 
fined not less than one hundred dollars nor more than five hundred dol- 
lars, or confined in jail not less than thirty days nor more than six 
months, either or both. Any citizen of Maryland, or of Virginia, who 
has complied with all the requirements of the oyster laws of his State 
entitling him to the privilege for a certain period of taking and catching 
oysters with ordinary or patent tongs in such Htate, shall have the right 
without further license tax to take oysters with such tongs above the 
said line during the open season provided for in the waters above said 
line. 

Permit Required for Buying or Carrying Seed Oysters 
and Prescribing Penalties. 

Section 5. It shall be lawful for any citizen of Maryland, or of Vir- 
ginia, after having obtained a permit as hereinafter provided, to buy 
and carry out of the Potomac river, to be planted in the waters of either 
Maryland or Virginia, oysters whose shells measure less than two and 
one-half inches from hinge to mouth taken from natural rocks, beds and 
shoals in said river above a straight line drawn from the north point at 
the mouth of Upper Machodoc creek, in the county of King George, 
Virginia, to Lower Cedar point, in Charles county, Maryland, during the 
period between the first day of January and the first day of May in any 
year. The said permit shall be obtained from any oyster inspector, or 
any officer in charge of a Virginia or Maryland oyster police boat, for 



97 

each boat or vessel to be used in carrying said oysters as aforesaid, and 
shall state the uanae and tonnage (if registered in the custom house) of 
the boat or vessel, the name of the owner and the master thereof, and 
to what waters in Maryland or Virginia such cargo of oysters is to be 
carried. Before such permit shall be granted the owner or master of 
such boat or vessel shall take and subscribe to an oath before said officer 
that the said boat or vessel will not be used for carrying said oysters to 
any State other than Maryland or Virginia, or for any other purpose 
than for planting the same in the waters of one or the other of said 
States, and that he will not sell said oysters to any other person for the 
purpose of carrying the same to any State other than Maryland or Vir- 
ginia. The oath so taken and subscribed, together with a memorandum 
of the permit issued, shall be returned by said officer to the Commander 
of the State Fishery Force of Maryland, if said officer be a Maryland 
official, or to the secretary of the Commission of Fisheries of Virginia, if 
said officer be a Virginia official, to be tiled by him in his office. Blank 
forms for such oath and permit shall be furnished to the respective 
oyster inspector, and the respective captains of the oyster police boats, 
by the Comptroller of Maryland and the Auditor of Public Accounts of 
Virginia. For administering said oath and issuing said permit, the in- 
spector or officer issuing same shall be entitled to receive from the ap- 
plicant a fee of twenty -five cents. The owner or master of any boat or 
vessel found carrying or buying such seed oysters without such permit 
shall be fined not less than twenty dollars nor more than one hundred 
dollars. And any owner or master of any boat or vessel violating the 
provisions of this section by buying or carrying or knowingly selling 
such seed oysters to be carried elsewhere, or for any other purpose than 
to be planted in the waters of Maryland or Virginia, shall be fined not 
less than one hundred dollars nor more than one thousand dollars, and 
in addition thereto the boat or vessel so used shall, with its cargo and 



98 

equipment, be forfeited to the State wherein such offender is convicted ; 
proTided, no permit shall be granted to any person engaged in taking 
or catching, buying or carrying seed oysters or having in his possession 
oysters measuring less than two and one-half inches from hinge to 
mouth, who shall have any scoop, scrape, or dredge or any part thereof, 
on any boat or vessel to be used in taking, buying or carrying seed 
oysters; and it shall be the duty of the officer who isHues said permit to 
first inspect said boat or vessel and satisfy himself that no such appli- 
ance is on said boat or vessel before he issues any permit ; and any per- 
son who shall have any scoop, scrape or dredge, or any part thereof, on 
any boat or vessel engaged in catching, buying or carrying seed oysters 
or oysters measuring less than two and one-half inches from hinge to 
mouth, and any owner or master of any boat or vessel violating the 
provisions of this section by having any scrape, scoop or dredge or any 
part thereof on any boat or vessel engaged in taking, catching, buying 
or carrying seed oysters, shall be fined not less than two hundred and 
fifty dollars nor more than five hundred dollars, and in addition thereto, 
the boat or vessel so used with its cargo and equipments be forfeited to 
the State wherein such offender is convicted. 

Regulations for the Taking of Fish and Crabs in the 
Potomac River; How Licenses Procured; Penalties. 

Section 6. Any citizen of Maryland or Virginia desiring to fish for mar- 
ket or profit with a pound net, fyke net, gill net, haul seine, sturgeon net, 
skirt net, weir or other device in the waters of the Potomac river, shall 
first apply to the regularly constituted officer, as determined by the laws 
or regulations of the State of which he is a resident, and in the district 
or locality in which said applicant resides, except that the applicant for 
license to fish with the fixed device shall apply to the officer of the dis- 
trict or locality in which such fixed device is proposed to be located for 
a license, and state on oath the true name or names of the person or 



99 

persons applying for said license; that they are and have been for twelve 
months next preceding residents of the State in which such application 
has been made; the place at which the net, seine, tyke, weir or other 
device is to be fished, and that during the period of the license he will 
not violate any of the laws of the State in which he resides in relation 
to the taking and catching of fish; provided, nothing in this section 
shall apply to any person using a net solely for the purpose of supplying 
his own table. Such oyster inspector or other authorized officer shall 
thereupon grant license to use such net or other device, and state in 
such license the name or names of the person or persons who shall use 
the same, the place at which it is to be located or used, the season for 
which said license is granted, which season shall begin on the first day 
of February in any year and end on the thirty-first day of January of 
the year following, and the amount of tax as prescribed by the laws of 
the State where issued. 

Any citizen of either Maryland or Virginia desiring to take or catch 
crabs from the waters of the Potomac river by any method, or any per- 
son desiring to engage in the business of buying crabs for picking or 
canning or shipping the same, shall pay to the oyster inspector or other 
designated official in the district in which he resides such specific license 
tax as is prescribed by the State of which he is a resident. 

If any person shall use or set, or cause to be used or set, any such 
net or seine as aforesaid, or shall take or catch crabs in the waters of 
the Potomac river within the jurisdiction of the State of Maryland or 
Virginia without having first paid the tax and obtained the license pro- 
vided for under the laws of the State in which such net is set or crabs 
are taken, he shall be deemed guilty of a violation of the provisions of 
this section, and shall, for each such violation, be fined not less than ten 
dollars nor more than two hundred dollars, and shall forfeit to the State 
such net or other fishing devices used in said violations. 



100 

It shall be unlawful for any person to use a haul seine or poun*! net, 
head or pocket having a smaller mesh than two inches, stretched meas- 
ure, for the purpose of catching food fish. Any net having a funnel 
mouth, round mouth, or square mouth, with head above water, shall be 
construed as a pound net. Any person or persons using a net in viola- 
tion of this provision shall be fined not less than ten dollars nor more 
than one hundred dollars for each offense, and such net or nets shall be 
forfeited to the State. 

Concurrent Jurisdiction for Punishment of Offenses in 

Potomac River. 

Section 7. All otfenses committed against the provisions of this act 
by persons not citizens and residents of either State may be punished 
by any of the magistrates or courts of either State having criminal jur- 
isdiction ; all offenses committed against the provisions of this act by 
citizens of either State shall be punished by any of the magistrates or 
courts of the State of which he is a citizen having criminal jurisdiction. 
The authorities of either State shall have the right to examine into 
the right of any person taking fish, oysters or crabs in the Potomac river, 
or having same in his possession ; and any person taking fish, oysters or 
crabs in the Potomac river, or having same in his possession, shall exhibit 
his authority for so doing whenever required by the police or other legal 
authority of either State. The legal authorities of either State shall have 
the right to arrest any such offender, and, if necessary in order to arrest, 
shall pursue such offenders beyond the boundary line of either State up- 
on navigable waters, and arrest such offender whenever found upon such 
waters. 

Penalties Where not Otherwise Provided ; Forfeiture 

of Vessel. 

Section 8. Any person violating any section of this act, where not 
otherwise provided, shall, upon conviction thereof, be fined not less than 
twenty-five dollars nor more than three hundred dollars ; and where for- 



101 

feiture of boat, vessel, net or other equipment is provided for in any 
section of this act the said boat, vessel, net or other equipment shall be 
sold at public auction by the sheriff of the county for cash after ten 
days' notice. In case of appeal, the appellant shall remain in custody, 
and the boat, vessel, net or other equipment shall be sold as above pro- 
vided, unless recognizance be entered into for double the amount of the 
fine and double the value ot said boat, vessel, net or other equipment, 
conditioned on the performance of the final judgment of the Court. 
Upon duch recognizance being given, the party convicted and the afore- 
said property shall be discharged. 

Failure of Officer to Perform Duty ; Penalty. 

Section 9. If any oyster inspector, or other officer empowered v«rith 
the duties of enforcing the provisions of this act, knowingly fail to report 
violations of the same, or to perform any of the duties herein required of 
him, he shall, for every such offense, be liable to a fine of one hundred 
dollars, to be applied to the oyster fund of his State. 

Section 10. An emergency existing for the passage of this act because 
of the depletion of fish and shell fish in the Potomac river, the same shall 
take effect from the date of its passage , provided concurrent legislation 
has been passed by the General Assembly of Virginia ; or, if not passed, 
then immediately upon the passage thereof. 

Section 11. Nothing in the ten preceding sections shall be construed 
in any way to impair, alter or abridge any rights which either State, or 
the citizens thereof, may be entitled to, either by, through, under or 
against the compact entered into between the States of Maryland and 
Virginia on March 28th, 1785. 



FISH AND FISHERIES 



ARTICLE 39, CODE 
PUBLIC GENERAL LAWS 



OF THE 



STATE OF MARYLAND 



IPSIDEX 



Article 39, Code===Public General Laws, 

KISM AIMD FISHERIES. 



Head of Bay. 

1. Time for catching herringandshad 

with gill-nets; forfeiture. 

2. Hauling seine or drag-net, when 

prohibited. 

No fishing with purse-nets north 
of certain line. 

License to fish with purse-nets 
south of said line. 

Penalty for violating section 2. 

Imprisonment if fine be not paid; 
appeal. 

Placing of stakes or poles prohib- 
ited. 

Penalty. 

Vessels not to be anchored in any 
fishery, when. 

Penalty. 

Master, owner and vessel liable. 

Vessels sailing through seines; 
penalty. 

Floats not to be located so as to 
interefere with shore fishing; 
penalty. 

Obstructions in usual haul of float- 
ing battery; penalty. 



3. 



Patapsco. 

15. Fish ladders to be kept in repair 

by owners of dams. 

16. Penalty. 

17. Appeal. 



Patuxent. 

18. Restrictions upon fishing by other 
than residents of Prince 
George's, Charles, St. Mary's 
and Calvert counties. 

19 Emptying seines upon the beach. 

20. Penalty for violations of sections 

18 and 19. 

21. Restrictions upon hauling seine be- 

tween Sheriden's Point and 
Point Patience. 

22. Penalty- 

23. Staking down seines; beating the 

waters; size of seines; penaltv. 

24. Vessels not to anchor in haul of 

any fishing shore. 

25. Penalty. 

26. Owner, master and vessel liable. 

27. Vessel sailing through seine; pen- 

alty. 

28. Obstructions in haul of fishery. 

29. Fishing with purse seines, except 

for food, prohibited; proviso. 

30. Application to justice for permit. 

31. Permit for fish trap or pound. 

32. Driving down stakes. 

33. Fee to justice for permit. 

34. Penalty for violations of sections 

29-34. 

35. No pound nets less than 5000 

yards apart; penalty. 



INDEX 



Potomac. 

36. Beginning and end of shad and 

herring season. 

37. Penalty. 

38. Hauling seine within regularly 

hauled fishing landing, or op- 
posite ahore of owner; penalty. 

39. Arrest of offenders; forfeiture of 

boats and seines. 

40. Time regulated for catching bass 

and other fish. 

41. Penalty for violating these pro- 

visions. 

42. Where this law may nrvt apply; 

when to become effective. 

43. When unlawful to catch black bass 

and other fish. 

44. Penalty for violation of this law. 

45. Where this law is not to apply. 

46. Obstruction in the way of hauling 

seine from March to June, and 
failure to remove same; penalty. 

47. Wilful obstruction; penalty. 

48. Vessels may anchor opposite own- 

er's shore; how. 

49. License for shad and herring fish- 

ing; by whom obtainable. 

50. License; how obtainable. 

51. Contents of license. 

52. Fishing v/ithout license; penalty. 

53. Number of license to be painted 

on boat. 

54. Warrant for arrest of offenders; 

siezure of boats and seines. 
55 Sale by sheriff of condemned ves- 
sels. 

56. License money and fines to be paid 

into treasury to credit of oyster 
fund. 

57. Fishing from arks or lighters pro- 

hibited; penalty. 

58. Compact with Virginia. 

59. Taking of sand from shore below 

Fort Washington to be larceny; 
penalty. 



Rivers in Talbot, Dorchester and 
Caroline Counties. 

60. Who may fish in. 

61. Penalty. 

Wye River and Rivers in Queen 
Anne's and Kent Counties. 

62. Hauling seine without permission 

of owner of shore; penalty. 

Fines, Penalties and Forfeiture. 

63. How recovered. 

64. Unknown offender; how to be de- 

scribed in warrant. 

65. Forfeitures, how to be enforced. 

66. Condemnation by justice. 

67. How unknown owner may be de- 

scribed. 

68. Proceeds of sales, how to be di- 

vided. 

69. Fines, how to be distributed. 

70. Jurisdiction when offense com- 

mitted in river dividing two 
counties; when on Chesapeake 
bay. 

71. Committal of person where fine 

exceeds $100. 

Trout and Other Fish. 

72. Season for trout fishing; penalty. 

73. Trout not to be caught in traps, 

fish-baskets or seines; penalty. 

74. Poisoning fish; penalty. 

75. Artificial ponds, fishing in; pen- 

alty. 

76. Trout fish culture; sale and 

transportation of trout per- 
mitted. 

77. Violations of sections 72 76, how 

prosecuted. 

78. Catching black bass, etc., at oth- 

er than designated times; pen- 
alty. 

79. Catching certain fish less than 

designated size; exception. 

80. Obstructing fish streams; penalty. 



INDEX 



81. Failure to keep fish ladders in re- 

pair; penalty. 

82. Throwing explosive and other sub- 

stance in fish waters ; penalty ; 
proviso. 

83. Emptying net or seine upon beach ; 

penalty; exception. 

84. Jurisdiction of justice of the peace 

under sections 78-85; throwing 
slab of timber in fish waters, 
penalty. 

85. Sale and purchase of fish, prohib- 

ited; proviso. 

86. To what counties provisions of 

sections 78-85 not applicable. 

87. When cat fish and eels may be 

caught. 

88. Violation of sections 79, 83, 85, or 

95. 

89. Transmission of moneys received 

for licenses. 

90. No application to angling. 

Hard Shell Crabs. 

91. Closed season. 

92. Violation; penalty. 

93. Enforcement of sections 91 and 92. 

94. Disposition of fines. 

Exploding Dynamite To Catch 
Fish. 

95. Using dynamite or fish pot. 

96. Unlawful to use explosives to 

catch fish in Chesapeake bay. 

97. Penalty. 

98. Disposition of fines collected. 

Commissioners Of Fisheries. 

99. To be appointed biennially by gov- 

ernor. 

100. To inspect waters of State; report 

to governor. 

101. Further duties of. 

102. To use all means to destroy eels; 

one-fourth of appropriation to 
be spent in Wicomico county. 

103. To maintain eel pots. 



104. Account to be kept of eels des- 

troyed. 

105. To sell all eels caught; proceeds, 

how to be applied. 

106. Removal of commissioners for re- 

fusal to carry out sections 102- 
106. 

107. To make annual report to gover- 

nor of their work. 

108. Annual salary of. 

109. Annual appropriation for carrying 

out the provisions of sections 
100, 101 and 107 ; commission- 
ers to make annual reports. 

110. Chesapeake Bay. License. 

Hi. Cost of license. Clerk's fees for 
collecting license. License to 
be credited to the "oyster 
fund." 

112. Oath of applicant for license. 
112a. Regulating fishing in bay waters; 

St. Mary's county. 

113. Comptroller to have blank licens- 

es printed. 

114. Limits of setting fyke nets and 

other like contrivances; penalty; 
appeal. 

115. Penalty. 

116. State fishery force to see that the 

provisions of sections 110 to 119 
are carried out. 

117. Application of fines. 

118. Where pound nets and stake nets 

shall be prohibited; penalties. 

119. Sheriff and constable to make ar- 

rests. 

120. Sections 110 to 119 not to apply 

to 'hook and line." 
121 Limits defining head waters of 
Chesapeake bay. 

For Concurrent Law, Maryland-Vir- 
ginia, See Oysters. 



Articles^ , Code===PuMic General Laws. 



FISH[ AIMD FISHERIES. 



HEAD OF THE BAY. 

Time for Catching Herring and Shad With Gili=nets ; 

Forfeiture. 

1904. Art. 39, Sec. 1. 

1 , No person except resident citizens of this State shall fix, set or 
stake out any sort of gill-uets, either stationary or floating, or any device 
whatever, for the taking of herring and shad in the Chesapeake bay at 
any time between the first of March and the first of June in each year; 
and any person so offending shall forfeit the vessel and tackle used in 
such fishing, and all the nets, apparatus and devices for taking fish, and 
also pay a fine of fifty dollars for each offense. 

Hauling Seine or Drag=net ; When Prohibited. 

Ibid., Sec. 2. 

2. No person shall, from the tenth day of June to the first day of 
October in each year, fish with hauling seine or drag-net of any kind 
within the Chesapeake bay or any of its tributaries lying northward of 
the following line, viz: Beginning at Still Pond, in Kent county, and 
drawn westward to Lego's point, in Harford county. 



110 
No Fishing With Purse=nets North of Certain Line. 

1908, Ch. 740. 

3. ^o person shall at any time be allowed to fish with parse-nets at 
any point in the Chesapeake bay north of a line drawn east from Sandy 
Point, on the Western Shore, due east to Love Point, on the Eastern 
Shore of Maryland, 

License to Fish With Purse=nets South of Said Line. 

1908, Ch. 740. 

4. No person shall fish with purse-nets within the State of Maryland 
south of the line drawn from the liae aforesaid due east to the Eastern 
Shore without first obtaining a license so to do from the Comptroller of 
the Treasury, and the applicant shall pay the sum of twenty-five dollars 
for each and every purse-net owned and operated by him, whereupon 
the said Comptroller shall issue to such applicants a license or licenses 
to operate such purse-net or nets; and all monies arising from said 
licenses shall be paid into the State treasury for the maintenance of the 
State Oyster Navy ; and any person failing to procure such license and 
violating the provisions of this section shall be deemed guilty of a mis- 
demeanor, and on conviction thereof shall be subject to the fines and 
penalties imposed by section 5 of this article and to the penalties im- 
posed by the statutes of Maryland for failure to procure licenses wher- 
ever required by law. 

Penalty for Violating Section 2. 

1904, Art. 39, Sec 3. 1888, Art. 39, Sec. 3. 1880, Ch. 260. 
S» Any person or per.sons violating any of the provisions of section 
2, upon conviction thereof before any justice of the peace of the county 
in which said section has been violated, shall pay a fine of fifty dollars, 
one-half of which shall go to the informer ; and any hauling seine or 
hauling seines, drag-net or drag-nets, and the boat or boats and material 



Ill 

used in tiahing the same are hereby declared to be forfeited ; and the 
justice before whom said conviction and condemnation shall be had is 
authorized and directed to have said fishing apparatus sold by the sheriff 
or constable making said arrest to the highest bidder, and the proceeds, 
together with half the fine, after deducting the cost, shall be paid to the 
county commissioners of the county in which said offense shall be com- 
mitted for the use of the school fund of said county. 

Imprisonment if Fine be not Paid ; Appeal. 

Ibid.. Sec. 4. 1888, Art. 39, Sec. 4. 1880. Ch. 2(50. 
6. Any person, on conviction, failing to pay the fine, as prescribed 
in the preceding section, shall be imprisoned in the county jail of the 
county in which said offense shall be committed ; provided, however, 
that any one so offending shall, upon conviction before any justice of 
the peace of the county in which said offense shall be committed, have 
the right of appeal to the circuit court for the county in which said of- 
fense shall be committed, under the same restrictions that govern ap- 
peals from the decisions of justices of the peace. 

Placing of Stakes or Poles Prohibited. 

1904. Art. 39, Sec. 5. 1888. Art. 39. Sec. 5. 1860. Art. 41. Sec. 3. 
1843, Ch. 275. Sec 1. 

•7. No person shall place in the head waters of the Chesapeake bay 
or in the Sassafras, Elk, Bohemia, North, East or Susquehanna rivers, or 
in any of their tributaries, any stakes, piles or other thing for the pur- 
po='e of attaching seines or nets thereto, with the view of taking shad or 
fish of any description ; this not to apply to any portion of said bay be- 
low Pool's island. 

Penalty. 

Ibid., Sec. 6. 1888, Art 39, Sec. 6. 1860. Art. 41, Sec. 5. 
1843, Ch. 275. Sees. 3, 4. 

8. Any person violating the preceding section shall forfeit the 



112 

seine or nets attached as aforesaid, and the boats and materials used for 
fishing the same, and shall also for each offense pay a fine of fifty dollars. 

Vessels not to be Anchored in Any Fishery; When. 

Ibid., Sec. 7. 1888, Art. 39, Sec. 7. 1860, Art. 41, Sec. 6. 
1820, Ch. 199, Sec. 1. 1841, Ch. 326. 1900, Ch. 611. 

9, No vessel, float of timber or plank, or of any other materials, or 
of any description or kind whatever, nor any boat of any description, 
unless compelled to do so by stress of weather or other unavoidable 
accident, shall be anchored or stayed in any fishery in the Susquehanna 
river, or at the head of the Chesapeake bay, at any time between the 
1st day of April and the 20th day of May, in any year, and remain thus 
anchored for the period of half an hour, when the weather will admit of 
the departure of such vessel or boat, after being ordered to depart 
therefrom by the owner or occupier of such fishery; the usual haul of a 
seine from any floating battery anchored between Spesutia island and 
Lapidum, in the Susquehanna river, for the purpose of fishing, shall be 
to all intents and purposes considered as a fishery within the meaning of 
this section. 

Penalty. 

Ibid.. Sec. 8. L888, Art. 39, Sec. 8. 1860, Art. 41, Sec. 7. 1820, Ch. 
199, Sec. 1. 1841, Ch. 326, Sec. 2. 

10, Any person violating the preceding section shall pay a fine of 
twenty dollars for each offense; and every hour the vessel or other ob- 
atrnctinn continues after the half hour mentioned in the preceding sec- 
tion shall be considered a new and separate offense. 

Master, Owner and Vessel Liable. 

Ibid., Sec. 9. 

11, The skipper, the captain, owner or occupier of the vessel, float 
or boat referred to in the two preceding sections, shall be liable to pay 



113 

said fine; and the vessel, float or boat so anchored or stayed as above 
mentioned, shall also be liable to be seized and sold to pay any fines ina- 
posed under the preceding section. 

Vessels Sailing Through Seines; Penalty. 

Ibid., Sec. 10. 

12. If any such vessel, float or boat shall be wittingly, wantonly 
and maliciously, or from gross negligence, sailed through any seine ex- 
tended in any of the said fisheries, the skipper, captain or other person 
commanding such vessel, float or boat shall pay to the owner or occupier 
of such seine such damages as shall be ascertained by two respectable 
and disinterested men mutually chosen by the parties; or if the parties 
cannot agree upon persons as aforesaid to ascertain the damages, then 
any justice of the peace, on application of either of the parties, shall ap- 
point three disinterested persons with power to any two of the three to 
ascertain such damages ; and any justice of the peace of the county 
where such ascertainment of damages may be made may enter judg- 
ment thereon against the captain or person having charge of such vessel, 
float or boat, if the sum does not exceed one hundred dollars, and issue 
execuiton thereon as on other judgments ; and if the damages exceed 
one hundred dollars, then the party injured may have an action on said 
ascertainment of damages in the same manner as if it were an award ; 
and in all cases the damages so ascertained shall be a lien on such vessel, 
float or boat. 

Floats not to be Located so as to Interfere With Shore 
Fishing ; Penalty. 

1904, Art. 39, Sec. 11. 
13. No float or other device for fishing shall be anchored or lo- 
cated at any place so as to interfere with any shore fishery now used as 
piicl!, or which nmy be hereafter established ; nor shall any seine be 



114 

hauled from such floats, or other devices, over the ground usually hauled 
over by any shore fishery; nor shall any float haul over the grounds 
usually hauled over by another float, which has cleared its haul and 
been located in the same position two or more fishing seasons, unless 
the said float shall abandon for one spring the locality previously occu- 
pied ; and any person violating this section shall, for each offense, pay a 
fine of not less than twenty-five dollars nor more than one hundred dol- 
lars; and for every hour that such float or other device shall remain 
anchored or located after notice shall be given by the owner or occu- 
pant of such shore, float or fishery requiring, him to remove, he shall 
pay an additional fine of not less than ten dollars nor more than twenty- 
five dollars. 

Obstructions in Usual Haul of Floating Battery ; Penalty. 

Ibid., Sec. 12. 
14. If any person shall wilfully and maliciously put any stake, log, 
stone or other obstruction in the usual haul of any floating battery, he 
shall pay a fine of twenty dollars. 



PATAPSCO. 
Fish Ladders to be Kept in Repair by Owners of Dams. 

Ibid., Sec. 15. 
15. The owners of all dams on the Patapsco river are required to 
make and keep, or cause to be made and kept, in repair proper fish- 
ladders and have them placed on said dams, so as to aftord to the fish in 
said river free course up and down said river. 

Penalty. 

Ibid., Sec. 16. 
16. If the owners of said dams fail to comply with the provisions 
of the preceding section they shall be liable, upon conviction thereof by 



115 



summary process before any justice of the peace of this State in the 
county in which said dam or dams is or are situated, to a penalty of not 
less than fifty nor more than one hundred dollars ; five dollars to the in- 
former, and the balance to the county commissioners of such county for 
school purposes. 

Appeal. 

1904, Art. 39, Sec. 17. 
I'y. Any person who may feel himself aggrieved by any judgment 
rendered by a justice of the peace under the two preceding sections 
shall have the right to appeal to the circuit court for the county where 
the act was committed upon the conditions and regulations provided by 
law for appeals from judgments of the justices of the peace ; but execu- 
tion shall not be stayed unless the party appealing shall give bond to 
the State in double the amount of the fine imposed, with security ap- 
proved by the justice rendering the judgment, with condition to prose- 
cute his appeal with effect, or to pay the fine imposed with all costs. 



PATUXENT. 

Restrictions Upon Fishing by Other Than Residents of 

Prince George's, Charles, St. Mary's and 

Calvert Counties. 

Ibid., Sec. 18. 
18. It shall not be lawful for any persons, other than bona fide 
resident citizens of Priuce George's, Charles, St. Mary's and Calvert 
counties, to take or catch fish iu the ^vaters of the Patuxent river and 
tributaries, with any seine, weir trap or other device, excepting only the 
hook and line ; provided, that the provisions of this section shall not ap- 
ply to such as shall obtain permission from the owners of the lands 
bordering on said waters to fish off and opposite their laixl or lands so 



116 

bordering on said waters; and provided, that none other than bona fide 
resident citizens of said counties shall use in any of the waters of said 
river that bind on Prince George's, Charles and Calvert counties above 
the village known as Benedict any seine, weir, or net more than seventy 
fathoms long and less than two inches square in the mesh. 

Emptying Seines Upon the Beach. 

Ibid., Sec. 19. 

19. It shall not be lawful for any person to empty his seines upon 
the beach so as to leave the smaller fish to perish, but he shall empty 
the same in water of sufficient depth to enable such smaller fish to re- 
turn to the waters for growth and maturity. 

Penalty for Violations of Sections 18 and 19. 

Ibid., Sec. 20. 

20. A.ny person violating the provisions of the two preceding sec- 
tions shall be fined not less than twenty -five nor more than one hundred 
dollars, in the discretion of the justice of the peace before whom the 
case is heard ; which amount shall be appropriated to the public school 
fund of the county wherein such judgment is rendered ; and for the 
payment of the amount of tine so adjudged, any boat, seine, weir or 
other fishing tackle used by any person in violation of the provisions of 
the two preceding sections, shall be seized and held as security upon 
complaint against such oifending party. 

Restrictions Upon Hauling Seine Between Sheriden's 
Point and Point Patience. 

1904, Art 39, Sec. 21. 

21. It shall not be lawful for any persons, except bona fide resi- 
dents of St. Mary's, Anne Arundel, Charles, Calvert and Prince George's 
counties, to haul in the waters of the Patuxent river, between Sheri- 
den's Point and Point PationcA, any seino of greater length than -ixty 



117 

fathoms at any time between the first day of June and the first day of 
October following. 

Penalty. 

Ibid., Sec 22. 

22. A.ny person violating the provisions of the preceding section 
shall be deemed guilty of a misdemeanor, and upon conviction thereof 
before a justice of the peace for Calvert county, or before the circuit 
court for Calvert county, shall be fined a sum not less than twenty dol- 
lars nor more than fifty dollars; one-half thereof to be paid to the informer 
and the other half thereof to the county commissioners of said county. 

Staking Down Seines ; Beating the Waters ; Size of 

Seines ; Penalty. 

Itiid.. Sec. 23. 

23. No person shall stake down any seine or net entirely across 
the Patuxent river for the purpose of taking shad or herriug; nor shall 
any person whip, thresh or beat fhe waters of the Patuxent river with 
poles or any other instrument for the purpose of driving any fish within 
any seine or net ; nor shall any person, except bona fide residents of 
Prince George's, Charles, St. Mary's, A.nne A.randel and Calvert coun- 
ties, in fishing in the said river, betwoeu the fifth day of March and the 
fifteenth day of May, use any seine or net with meshes of less than one 
and one-half of an inch square ; or during the rest of the year with any 
seine or net with meshes of a less size than two inches square ; and no 
person shall empty any seine except in water twelve inches deep ; and 
any person violating this section shall be subject to the fine and for- 
feiture provided in section 20. 

Vessels not to Anchor in Haul of any Fishing Shore. 

Ibid.. Sec. 24. 

24. No vessel, fioat, raft or boat of any descx-iption, unless com- 



118 

pelled to do so by stress of weather or other unavoidable accident, shall 
be anchored or stayed in the birth or haul of any regularly-hauled fish- 
ing shore in the Patuxent river and remain thus anchored for the space 
of half an hour when the weather will permit the departure of such ves- 
sel, raft, float or boat after being warned to depart therefrom by the 
owner or occupant of said fishery. 

Penalty. 

Ibid., Sec. 25. 

25. A.ny person violating the preceding section shall pay to owner 
of said fishery a tine of twenty dollars for each offense; and every hour 
the vessel, float or boat continues after the half hour mentioned in the 
preceding section shall be considered a new and separate offense. 

Owner, Master and Vessel Liable. 

1904, Art. 39, Sec. 26. 

26. T'be captain or owner of the vessel, float or boat referred to in 
the two preceding sections shall be liable to pay said fine, and the ves- 
sel, float or boat so anchored and stayed as above mentioned shall also 
be liable to be seized and sold to pay any fines imposed under the pre- 
ceding section. 

Vessel Sailing Through Seine ; Penalty. 

Ibid., Sec. 27. 

2S7. If any such vessel, float or boat shall be wilfully, wantonly 
and maliciously, or from gross negligence, sailed through any seine ex- 
tended in any of said fisheries, the skipper, cpatain or other person com- 
manding such vessel, float or boat shall pay to the owner or holder of 
such seine not less than twenty nor more than one hundred dollars, at 
the discretion of the justice of the peace trying the case. 



119 

Obstructions in Haul of Fishery. 

Ibid.. Sec. 28. 
28. If any person shall wilfully and maliciously put any stake, log 
stone, ballast or other obstruction in the berth or haul of any fishery, he 
shall pay a fine not less than twenty nor more than one hundred dollars, 
at the discretion of the justice of the peace trying the case. 

Fishing With Purse=seines, Except for Food, 
Prohibited ; Proviso. 

Ibid., Sec. 29. 
2Q. It Hhall not be lawful for any person to catch or take fish in 
the Patuxent river, or its tributaries, with purse-seiner, except for food 
purposes. 

Application to Justice for Permit. 

Ibid., Sec. 30. 

30. A.ny person wishing to catch or take fish in the Patuxent river 
for food purposes, with purse-seines, shall make application to a justice 
of the peace in the county in which he resides for a permit, and shall 
make oath or affirmation that he is a resident of said county, and that 
he does not intend to catch fish for the purpose of manufacturing into 
fertilizer or to put upon the land in the raw state. 

Permit for Fish Trap or Pound. 

Ibid., Sec. 31. 

31. Any person wishing to set a fish trap or pound in the Patux- 
ent river, or its tributaries, shall make application to a justice of the 
peace for the county in which he resides for a permit to put down such 
trap, and shall make oath before such justice that he has been a bona 
fide resident of said county for twelve months immediately preceding 
the date of such application. 



120 
Driving Down Stakes. 

1904, Art. 39, Sec. 32. 

32. Any person who shall drive down any stakes in the Patuxent 
river, or its tributaries, for the purpose of setting a trap or pound, shall 
draw up all of the stakes within ten days after he removes the net from 
such stakes. 

Fee to Justice for Permit. 

Ibid., Sec. 34. 

33. Any justice of the peace for any of the counties bordering on 
the Patuxent river shall, upon application of any bona tide resident of 
his respective county, administer such oath and issue such permit as 
prescribed in sections 30 and 31, and he shall charge twenty-five cents 
as his fee. 

Penalty for Violations of Sections 29=34. 

Ibid., Sec. 35. 

34. Any person violating any of the provisions of any ot the five 
preceding sections shall, upon conviction thereof, pay a fine of not less 
than fifty dollars nor more than one hundred dollars, to be collected as 
other fines; one-half to be paid to the informer, the other half to be 
paid to the county commissioners of the county in which such offense is 
committed, for the benefit of the public schools of said county. 

No Pound Nets Less Than 500 Yards Apart; Penalty. 

1908, Ch. 293. 

35. It shall not be lawful for any person, persons, or corporation 
to set, place, construct or use any nets (known as pound nets) in the 
waters of the Patuxent river, between the head of the river and Holland 
point wharf, less than five hundred yards apart, as measured by the 
channel of the river ; and any person, or persons, or corporation violating 



121 

the provisions of this section shall, upon conviction, be fined not more 
than one hundred dollars for each and every offense. 



POTOMAC. 
Beginning and End of Shad and Herring Season. 

1904, Art. 39. Sec. 36. 

36. The fishing season for shad and herring in the waters of the 
Potomac river shall begin the fifteenth day of March and end the first 
day of June in each year. 

Penalty. 

Ibid., Sec. 37. 

37. If any person shall haul, drift, anchor or stake in the Potomac 
river, or any of its tributaries in the Slate, any gill-nets or seine of any 
description (except those commonly called market seines for summer 
and winter fish, and sturgeon nets with eight-inch measure), at any 
time not within the period fixed by the preceding section, he shall 
forfeit all the boats, seines and fixtures then in his possession and be 
fined for each offense not less than fifty nor more than one hundred 
dollars. 

Hauling Seine Within Regularly Hauled Fishing Landing, 
or Opposite Shore of Owner ; Penalty. 

1904, Art. 39, Sec. 38. 

38. No person shall haul, drift or fish any seine or gill-nets within 
the water bounds or berths of any regularly hauled fishing landing, nor 
opposite to any part of the shore of the owner or occupier of any such 
landing, within hauling distance from such shore, between the fifteenth 
day of March and the first day of June in each year, without the per- 
mission of the owner or occupier of such fishing landing; and any per- 
son so offending shall be subject to the forfeiture and fine prescribed by 
the preceding section. 



122 
Arrest of Offenders ; Forfeiture of Boats and Seines. 

Ibid., Sec. 39. 
39* The owners or occupiers of the regularly hauled fishing land- 
ings are authorized to render any sheriff or other officer assistance nec- 
essary to arrest any person violating any of the provisions of the two 
preceding sections; and the said officer shall seize all boats, seine and 
fixtures in possession of such person, and carry the person so arrested 
before some justice of the peace, to be dealt with as herein directed ; 
and the said officer may summons the posse comitatus to aid him in 
making arrest or seizure authorized by" this section ; and may for that 
purpose also press, at the expense of the State, any steamboat or other 
vessel belonging to any citizen of this State not actually engaged in 
carrying the United States mail. 

Time Regulated for Catching Bass and Other Fish. 

Ibid., Sec. 40. 

40. It shall not be lawful for any person to catch or kill any black 
bass, green bass, rock bass, pike or pickerel or wall-eyed pike (commonly 
known as salmon,) between the fifteenth day of April and the first day 
of June of each year ; nor catch or kill any of said species of fish at any 
other time during the year, save only with a rod, hook and line or dip- 
net. The words " hook and line " shall not include trot-line or out-lines. 
This section is not applicable to Montgomery county. 

Penalty for Violating These Provisions. 

Ibid., Sec. 41. 

41. Any person violating the provisions of section 40 shall be 
guilty of a misdemeanor, and shall be punishable, on conviction, by im- 
prisonment in the county jail not exceeding six months, or by a fine not 
exceeding $200, or by fine and imprisonment; and it shall be the duty 
of the circuit court for the counties abutting on the Potomac river above 
the Little Palls at each session of the grand jury to call its attention 



123 

to the provisions of this law. This section not applicable to Montgomery 
county. 

Where This Law May Not Apply; When to Become 

Effective. 

Ibid., Sec. 42. 

42. The provisions of sections 40 and 41 are applicable below the 
Little Falls, near Washington, the same having become effective by the 
ratification of the act of 1896, chapter 427, by Virginia and West Vir- 
ginia, and become the law of Maryland by proclamation by the governor 
of this State on May 6, 1897. 

When Unlawful to Catch Black Bass and Other Fish. 

1904, Art. 39, Sec. 43. 

43. It shall not be lawful for any person to catch or kill any black 
bass, green bass, pike or pickerel or wall-eyed pike (commonly known as 
salmon) in the tributaries of the Potomac river between the fifteenth 
day of April and the first day of June of each year, nor catch or kill any 
of said species of fish at any other time during the year save only with 
a rod, hook and line or dip-net. 

Penalty for Violation of This Law. 

Ibid., Sec. 44. 

44. Any person violating the provisions of section 43 shall be 
guilty of a misdemeanor, and shall be punishable, on conviction, by im- 
prisonment in the county jail not exceeding six months, or by a fine not 
exceeding two hundred dollars, or by fine and imprisonment. 

Where This Law is Not to Apply. 

Ibid., Sec. 45. 
43, The provisions of section 43 and 44 shall not be applicable be- 
low Little Falls, near Washington, and shall not apply to that part of 
the waters of the Monocacy river and its tributaries lying in Creagers- 



124 

town and Woodsboro districts, Frederick county, and Middlebury dis- 
trict, in Carroll county, from the bridge over the Monocacy river on the 
turnpike road leading from Woodsboro to Creagerstown in Frederick 
county, to the head of the Monocacy river and its tributaries. 

Obstruction in the Way of Hauling Seine From March to 
June, and Failure to Remove Same ; Penalty. 

Ibid., Sec. 46. 

46. If any person shall, during the months of March, April, May 
and June, place any boat, vessel or other obstruction or hindrance in 
the way of laying out or hauling any seine used in any lawful fishery on 
Baid river or its tributaries, or otherwise obstruct or hinder such laying 
out or hauling, and he or his agents shall fail or refuse forthwith to re- 
move such obstruction or hindrance on being required to do so by the 
person so obstructed or hindered, he shall pay a fine of not less than 
twenty nor more than one hundred dollars. 

Wilful Obstruction ; Penalty. 

Ibid., Sec. 47. 

47. If any person shall wilfully and maliciously place any obstruc- 
tion or hindrance in the way of laying out or hauling in any seine in any 
lawful fishery upon the Potomac river or its tributaries, or in any other 
manner or way prevent a bona fide owner of a shore, or his agent or 
tenant from using or fishing on such shore, he shall, on conviction, for- 
feit and pay not less than fifty dollars nor more than five hundred dol- 
lars, or be imonsoned for not less than one month nor more than one 
year; this and the preceding section not to apply to any obstruction or 
hindrance by unavoidable accident or stress of weather. 

Vessels May Anchor Opposite Owner's Shore; How. 

1904, Art. 39, Sec. 48. 

48. Any owner or occupier of a fishery on the Potomac may cause 



125 

and permit all vessels employed by him in carrying on his business to 
be anchored or moored opposite his shore, but not so as to interfere 
with the rights of the owners or occupiers of adjoining shores in laying 
out their seines. 

License for Shad and Herring Fishing; by Whom 
Obtainable. 

Ibid., Sec. 49. 

49. No person shall fish in the Potomac river or its tributaries for 
shad and herring during the season prescribed in section 36 with seines, 
gill- nets or nets of any kind, without having first obtained a license 
therefor, as hereinafter provided ; and no person shall be entitled to ob- 
tain such license for fishing with a hauling seine who is not the owner 
or occupier of some fishing shore on said river; nor shall any persons 
be entitled to obtain such license for fishing with gill-nets, except bona 
fide citizens of the counties bordering on said river. 

License ; How Obtainable. 

Ibid., Sec. 50. 

50. All persons entitled under the preceding section to fish for 
shad and herring in the Potomac river and its tributaries shall first ob- 
tain a license therefor, by application to the clerk of the circuit court 
for the county bordering on said river, opposite to, or in which he may 
desire to fish, which license shall have effect for and during the period 
fixed in section 36 ; and the Comptroller of the Treasury shall cause to 
be printed and delivered to the several clerks of the circuit courts for 
the counties bordering on said river the requisite number of such blank 
licenses, and take their receipts for the same, as for other licenses fur- 
nished ; and said clerk shall, on the first Monday in June in each year, 
return to the said Comptroller a list and account of such liceuHes issued 
by them. 



126 
Contents of License. 

Ibid., Sec. 51. 
51 • Every license to fish, as aforesaid, shall state the name and res- 
idence of the person to whom the same is granted, the description of 
the fishing fix to be used, whether hauliog seine or gill-net, the num- 
ber of square fathoms of seine or net when rigged, and that he is the 
bona fide owner of the same ; and every person to whom such license 
may be granted shall first pay to the clerk where granted three cents 
for each square fathom of seine, and one cent for each square fathom of 
gill-net to be used ; but nn license shall be granted to any one applying 
for the same unless such applicant shall make oath before the clerk 
authorized to issue the same, or before some justice of the peace of the 
same county, upon whose certificate the clerk may issue said license, 
that the number of square fathoms of the seine or net to be used, and 
the other facts to be inserted in said license, are strictly true, and that 
he will obey and comply with all the provisions of the laws of this State 
regulating fishing in the Potomac river; and for each and every outfit, 
whether of hauling seine or gill-net, a license shall be required. 

Fishing Without License ; Penalty. 

1904, Art. 39, Sec. 52. 
52, If any person shall fish for shad or herring in the Potomac 
river, or its tributaries aforesaid, without having first obtained a license, 
as required in the three preceding sections, except fish caught for pri- 
vate use and not for sale, he shall, upon conviction thereof, be fined not 
less than twenty nor more than one hundred dollars for the first offense, 
and for any second or subsequent offenses be so fined, or in the discre- 
tion of the justice or court before whom tried shall forfeit the seine, or 
net, boat and other outfit used in such fishiner, or be both fined and 
subject to the forfeiture aforesaid ; one-half of such fine to be paid to 
the informer and the residue to the Comptroller of the Treasury. 



127 
Number of License to be Painted on Boat. 

Ibid., Sec. 53. 

S3* Every person to whom such license shall be granted shall also 
be required to put the number of his license on each bow of his seine or 
gilling-boat, outside, between the water line and gunwale, to be painted 
with red oil paint on a white space, and each figure to be not less than 
three inches in height and of proportionate width ; and anyone violating 
or refusing to comply with this provision shall, on conviction thereof 
before a justice of the peace of the county in or opposite to which he 
may be fishing, pay a fine of not less than five nor more than ten dol- 
lars ; one-half to be paid to the informer and the residue to the Comp- 
troller of the Treasury. 

Warrant for Arrest of Offenders ; Seizure of Boats and 

Seines. 

Ibid., Sec. 54. . 

S4. Upon information given upon oath to any justice of the peace 
having jurisdiction of any violation of any of the provisions of the five pre- 
ceding sections, he shall issue his warrant for the arrest of the offender or 
offenders, and for the seizure of the seines, nets, boats, and other fish- 
ing outfit, in cases when forfeiture of the same is provided, which shall 
be directed to the sheriff, or any constable of the county or other officer 
authorized to arrest under this article, to be dealt with according to law. 
And it shall be the duty of any sheriff, constable or other officer so 
authorized, with or without warrant, to arrest any person violating the 
provisions of any of said five preceding sections, and to seize any such 
Heine, net, boat or other fishing outfit in cases where forfeiture of the 
same is provided and found being used in violating any of said pro- 
visions, and to bring such offender before a justice of the peace most 
accessible or convenient, to be dealt with as herein provided. 



128 
Sale by Sheriff of Condemned Vessels. 

ibid., Sec. 55. 
55» A.11 vessels or other property condemned under the provisions 
of any of the six preceding sections shall be sold by the sheriff or other 
officer making the seizure on ten day's notice ; and the proceeds of 
sale, after deducting the expenses thereof, shall be paid over to the clerk 
of the circuit court for the county, to be disposed of as herein provided. 

License Money and Fines to be Paid Into Treasury to 
Credit of Oyster Fund. 

1904, Art. 39, Sec. 56. 
56» AH money arising from the sale of licenses or from tines, pen- 
alties and forfeitures imposed under any of said sections shall be paid 
by the Comptroller into the Treasury and placed to the credit of the 
oyster fund, and the State's portion of such fines and forfeitures shall 
be paid by the sheriff or other officer collecting the same to the clerk of 
the circuit court for the county where the same may accrue ; and such 
clerk shall account for the same to the Comptroller of the Treasury in 
his annual return; and the commanding officer of the State oyster police 
force is hereby charged with the enforcement of the provisions of said 
sections. 

Fishing from Arks or Lighters Prohibited; Penalty. 

Ibid.. Sec. 57. 
57, It shall be unlawful hereafter for any person to fish in the 
Potomac river from what are known as arks or lighters, or from any 
kind of vessel or float, by whatever named called, in or upon which per- 
sons may live or may exclusively occupy ; but all such fishing shall be 
with and from regular seine or gilling- boats. Any violation of this sec- 
tion shall subject the offender, upon conviction thereof, to a fine of not 
less than twenty nor more than one hundred dollars for the first offense, 
and for any second or subsequent offense to such fine, and also, in the 



129 

discretion of the justice of the peace, or of the court before whom the 
offender may be convicted, to forfeiture of such ark, lighter, vessel or 
float and fishing outfit used in such violation thereof. 

Compact With Virginia. 

Ibid., Sec. 58. 
SSm 111 case the State of Virginia shall adopt a law similar in its 
provisions to the nine preceding sections, citizens of either State, when 
arrested for violation thereof by the police force, or other officer of 
either State, shall be delivered up for trial to the police force, or other 
officer of the State of which the offender is a citizen, unless arrested for 
hindrance or disturbance of the fisheries on the shores of the other 
State, in violation of any of the said provisions ; in which case he shall 
be tried in such other State ; and in all questions of citizenship the 
burden of proof shall be on the offender. 

Taking of Sand From Shore Below Fort Washington to 
be Larceny ; Penalty. 

Ibid., Sec. 59. 
SO* It shall not be lawful for any person, other than the owner, 
or by the permission of the owner, to take or carry away from any shore 
of the Potomac river, below Fort Washington, which has been or may 
be used as a fishery, any sand, gravel or other matter that may form 
part of said shore, to the amount of twenty bushels or more ; and if any 
person shall feloniously steal, take and carry away from any shore of 
the Potomac river, below Fort Washington, which has been or may be 
used as fishery, any sand, gravel or other matter that may form part of 
said shore, to the amount of twenty bushels or more, such person shall 
be deemed guilty of larceny, and on conviction thereof in the circuit 
court for the county in which such larceny was committed, shall pay to 
the owner the full value thereof, and be sentenced to the penitentiary 
for not less than one year nor more than five years. 



130 

RIVERS IN TALBOT, DORCHESTER AND 
CAROLINE COUNTIES. 

Who May Fish In. 

1904, Art. 39, Sec. 60. 

60. No person shall take or catch fish in the waters of Talbot, 
Dorchester or Caroline counties except the citizens of said counties, 
and except such residents of this State as may obtain the permission of 
the owner or occupier of land bordering on any of the said waters ; pro- 
vided, that any person so obtaining permission shall not employ in his 
service any other than a bona fide resident of this State. 

Penalty. 

Ibid., Sec. 61. 

61. Any person violating the preceding section shall pay a tine of 
not less than five nor more than fifty dollars, and forfeit the boat or 
vessel in his possession, together with tbe seine, tackle and all things on 
board at the time the offense may be committed. 



WYE RIVER AND RIVERS IN QUEEN ANNE'S 
AND KENT COUNTIES. 

Hauling Seine Without Permission of Owner of 
Shore ; Penalty. 

Ibid., Sec. 62. 
62. If a^y person shall haul a seine in Wye river, or any of the 
rivers of Queen Anne's or Kent counties, without the permission of the 
owner or occupant of the shore where such seine may be hauled, such 
owner or occupant may seize, by way of distress, the seine, boat, tackle 
and everything on board the boat, and may have the damages sustained 
by him by reason of such hauling of a seine ascertained by a justice of 
the peace or by three citizens to be summoned and sworn by a justice 



131 

of the peace ; and when the damages are so ascertained the owner or 
occupant of such shore may have the seine, boat and articles so distrained 
appraised and sold to pay such damages. 

Fines, Penalties and Forfeitures ; How Recovered. 

Ibid., Sec. 63. 

63. All fines and penalties imposed by the preceding sections of 
this article, if they do not exceed one hundred dollars, may be recovered 
by action of debt in the name of the State before a justice of the peace, 
and if over one hundred dollars, by indictment in the circuit court for 
the county where the offense is committed. 

Unknown Offender ; How to be Described in Warrant. 

Ibid., Sec. 64. 

64. If the name of the offender be unknown, he may be arrested 
on a warrant describing him as the person committing the offense with- 
out stating his name in the warrant. 

Forfeitures ; How to be Enforced. 

1904, Art. 39, Sec. 65. 

Q5. AH forfeitures of property incurred under this article, unless 
otherwise specially provided, may be enforced in this way : The sheriff 
or constable shall, on complaint made to him, seize the property alleged 
to be forfeited and give notice to the owner thereof, if the owner can 
be found, to appear before a justice of the peace of the county where 
the seizure is made on a certain day within five days from the time of 
seizure, to show cause why the property so seized should not be con- 
(?emned ; and if the owner of the property so seized evades the service 
of said notice then the sheriff or constable may set up notices at three 
of the most public places in the neighborhood of the seizure, warning 
the owner of such property to appear before a justice of the peace, to be 



132 

therein named on a certain day not less than ten days from the time of 
seizure, to show cause why the said property should not be condemned. 

Condemnation by Justice. 

Ibid., Sec. 66. 

66. If upon the hearing in any case of seizure as aforesaid the 
justice is satisfied that the owner or person having charge of the prop- 
erty so seized is guilty of violating any of the provisions of this article 
which impose a forfeiture of such property for such violation, then such 
justice shall adjudge the same to be condemned and sold by the sheriff 
or constable seizing the same (or if he be dead or removed away by some 
other officer) on ten days' public notice, and the justice may proceed ex 
parte to hear and determine any question of forfeiture if the owner fails 
to appear after the notice herein required to be given. 

How Unknown Owner May be Described. 

Ibid., Sec. 67. 

67. If the sheriff or constable making a seizure of property under 
this article does not know the name of the owner or person having 
charge thereof, he may describe him in the notice he is required to give 
as the owner of the property, without naming him, and the justice, if he 
does not know the name of the owner, may condemn the property as the 
property of a person guilty of violating the law without naming such 
person. 

Proceeds of Sales; How to be Divided. 

Ibid., Sec. 68. 

68. The proceeds of the sale of any property forfeited as aforesaid 
shall, after paying the expenses of the seizure, condemnation and sale, 
be divided one-half to the sheriff or constable making the seizure and 
the other half to the informer. 



133 

Fines ; How to be Distributed. 

Ibid., Sec. 69. 

69. All fines imposed under this article shall go, one-half to the 
informer and the other half to the county where the fine is imposed. 

Jurisdiction Wiien Offense Committed in River Dividing 
Two Counties ; When on Chesapeake Bay. 

1904, Art. 39, Sec. 70. 

70. If any oflfense under this article is committed in a river divid- 
ing two counties, then the justice or court of either county shall have 
jurisdiction; or if it is committed in the waters of the Chesapeake bay, 
then the justices or courts of any counties bordering on that part of the 
bay shall have jurisdiction. 

Committal of Person Where Fine Exceeds $100. 

Ibid., Sec. 71. 

71. If any person is arrested for any oflfense under this article, 
and the tine is more than one hundred dollars, then the justice before 
whom such person is brought shall commit such person, unless he give 
adequate bail, to appear and answer such offense at the next circuit 
court for the county. 



TROUT AND OTHER FISH. 
Season for Trout Fishing ; Penalty. 

Ibid., Sec. 72. 
"72. It sliall ^^^ ^^^ lawful for any person to take, catch or kill any 
speckled brook trout, or any speckled river trout, save only with a hook 
and line, or to have any such trout in his possession, except during the 
months of April, May, June, July, and the first fifteen days in the month 
of August, under a penalty of five dollars for each trout so caught or 
had in his possession ; but this section shall not prevent any person or 



134 

corporation from catching trout in any manner or at any time in waters 
owned by him or them, or upon his or their premises to stock other 
waters. 

Trout Not to be Caught in Traps, Fish=Baskets or Seines; 

Penalty. 

Ibid., Sec. 73. 
•73. It shall not be lawful for any person within this State to take 
or catch any brook trout at any time in any of the waters of the State 
by means of any fish-basket, seine or seines, net or nets, trap or traps, 
under a penalty of five dollars for each and every fish so taken. 

Poisoning Fish ; Penalty. 

Ibid., Sec 74. 
74, No person shall place in any fresh water stream, lake or pond, 
without the consent of the owner, or in the waters and estuaries with 
the rivers debouching iuto them, any lime or other deleterious substance, 
with the intent thereby to poison or catch fish, under a penalty of one 
hundred dollars. 

Artificial Ponds, Fishing In ; Penalty. 

Ibid., Sec. 75. 
75» Whenever any person who owns, controls or erects an artificial 
pond upon his own land, or land of which he is in legal possession, shall 
put therein any fish, or the eggs or spawn of fish, for the purpose of 
breeding and cultivating fish, and shall give notice thereof, either in one 
or more newspapers of the county, or by written or printed handbills 
put up in public places near said pond, any person who shall thereafter 
enter upon such pi-emises, without the consent of the owner, for the 
purpose of fishing, or shall catch in said pond or ponds and take there- 
from any fish, shall be guilty of a trespass, and, in addition thereto, shall 
be liable to a penalty of five dollars for the first fish, ten dollars for the 



135 

second, and twenty dollars for the third and each subsequent offense. 

Trout Fish Culture ; Sale and Transportation of Trout 

Permitted. 

1904, Art. 39, Sec. 76. 

76. Any person or company engaged in the increase of brook 
trout by artificial process (known as fish culture) may take from his or 
their pond or ponds in any way, and cause to be transported, and may 
sell any brook trout and the spawn of brook trout at any time ; and 
common carriers may transport them, and dealers may sell them on con- 
dition that the packages thereof so transported are accompanied by a 
certificate from a justice of the peace, certifying that such trout are 
sent by the owners or agents or parties so engaged in tish culture ; and 
such person or company may take, in any way and at any time, upon 
the premises of any person, under permission of the owners thereof, 
brook trout to be kept and used for artificial propagation only, and for 
no other purpose. 

Violations of Sections 72=76 ; How Prosecuted. 

Ibid., Sec. 77. 

77. Violation of any of the provisions of the five preceding sec- 
tions may be prosecuted by any citizen of the county in which said vio- 
lation shall take place, before any justice of the peace or circuit court 
for said county; funds paid as penalties shall be equally divided between 
the informer and the public school commissioners of the county, for the 
benefit of the public schools in the district where the offense is com- 
mitted. 

Catching Black Bass, Etc., at Other Than Designated 
Times; Penalty. 

Ibid., Sec. 78. 

78. No person shall catch or in any manner take or kill in any 



136 

waters of this State, above a point where the tide ebbs and flows, any 
black bass, pickerel, or pike perch, otherwise known as wall-eyed pike, 
and California salmon, between the first day of April and the fifteenth 
day of June, both inclusive, in each and every year, in any manner what- 
soever, nor at any time, save only with rod, line and single hook, baited 
with natural bait, or tied with artificial fly, or with a spoon or spinner, 
each equipped with a single hook, or of any size less than eight inches, 
measuring in the case of each fish from the tip of ihe nose to the end 
of the caudal fin or tail, under a penalty of five dollars ($5.00) for each 
fish so unlawfully caught, taken or killed. 

Catching Certain Fish Less Than Designated Size ; 
Exception. 

1904, Art. 89, Sec. 79. 

79. No person shall catch or in any manner take or kill. in the said 
waters thereof at any time any white or yellow perch of any size less than 
seven inches in length, or any pike less than fourteen inches in length, 
or any rock, otherwise known as striped bass, less than ten inches in 
length, or any tailor less than eight inches in length, or white cat fish 
under seven inches, or any sturgeon weighing less than twenty pounds, 
or any rock weighing over twenty pounds, in spawning season of April, 
May and June, measuring, in case of fish, from the tip of the nose to the 
end of the caudal fin or tail, excepting haul seines during the time be- 
tween April first and June twelfth. 

Obstructing Fish Streams ; Penalty. 

Ibid., Sec. 80. 

SO. No person shall, in this State, in any manner or at any time, 
so obstruct any stream above where the tide ebbs and flows in which 
trout or other fish have been placed by the State or national government 
so that said fish shall not have free access up and down said stream, un- 



137 

der a penalty of not less than ten dollars ($10), nor more thaii twenty- 
five dollars ($25), for every such offense. 

Failure to Keep Fish Ladders in Repair ; Penalty. 

Ibi(i., Sec. 81. 

81. Every owner of a dam or dams upon any of the said waters of 
this State ia hereby required to make and keep in repair, or oauae to be 
made and kept in repair, and placed upon said dam or dams at least one 
fish ladder of such a character as to enable tish to have a free course up 
and down said waters at all times, under a penalty of not less than twen- 
ty-five dollars ($25) nor more than one hundred dollars ($100) for each 
and every offense. 

Throwing Explosive and Other Substances in Fish 
Waters ; Penalty ; Proviso. 

Ibid.. Sec. 82. 

82, No person shall place, throw or make use of in any of said 
waters, except from bona tide engineering, milling or mining purposes, 
any dynamite or other explosive substance, or any lime, poison, acid, 
sawdust, shaving or other substance whatsoever deleterious to or de- 
structive of fish life, under a penalty of not less than one hundreil dol- 
lars ($100) nor more than three hundred dollars ($300), or imprisonment 
in the penitentiary for not less than one year nor more than three years, 
or be both fined and imprisoned in the discretion of the court; provided, 
however, that nothing in this section shall apply to saw mills now in 
operation until October 1, 1903, unless said sa^v mill or mills shall in the 
meantime change its or their location ; and further provided, that any 
saw mill or mills, moving from its or their present location, shall be con- 
sidered a new mill or mills, and shall be subject to the provisions of this 
section. 



138 
Emptying Net or Seine Upon Beach; Penalty; Exception. 

Ibid., Sec 83. 
83. No person shall at any time empty any seiue or net of any de- 
scription whatsoever upon the beach, shore or land bordering upon any 
of the waters of this State, or in the waters bordering on said beach, 
shore or land where the waters is less than twelve inches in depth, ex- 
cept that iu the vvaters of the Chesapeake bay, above Pool's island, 
seines or nets may be landed upon the shore or upon the flats; and no 
person shall at any time so empty any such seine or net as to leave to perish 
upon the beach, shore or laud, or upon any boat or float, any white or 
yellow perch of any size less thau seven inches in length; or any rock 
tish, or striped bass, less than ten inches iu leuj^th; or any tailor of any 
size lees than eight inches in length; or any pike of any size less than 
fourteen inches in length, measuring in each case for each one of said 
tish from the tip of the nose to the end of the caudal fin or tail; or 
any sturgeon weighing less than twenty pounds; or any rock wei-^hing 
over twenty pounds,- in spawning season of April, May and June ; but 
every person so using any seine or net of any description, or hook and line, 
shall immediately cull over and return to waters where same is not less 
than twelve inches deep, all of the aforesaid tish therein captured of 
any size than the aforesaid lengths, or any sturgeon weighing less than 
twenty pounds; provided, further, that nothing in this section contained 
shall prevent any one from capturing and destroying in any manner, 
save only by the way prohibited by section 82, any Gorman carp, or 
leather carp, or any carp of any description whatsoever, of any size. 

Jurisdiction of Justices of the Peace Under Sections 78=85; 
Throwing Slab of Timber in Fish Waters; Penalty. 

1904. Art. 39, Sec. 84. 
34. All justices of the peace of this State in and for the city or 
county wherein the offense shall be committed shall have jurisdiction to 



139 

hear and determiDe all prosecutions for the purpose of enforcing fiues 
and penalties collectible under the provisions of sections 78 to 86, and 
all such fines and penalties are hereby expressly made subject to the 
provisions of section 8 of chapter 293 of the acts of the General A-ssem- 
bly of Maryland, passed at the session of 1896 ; and in all cases where 
such prosecutions are begun or instituted by any person other than the 
State Game Warden, or one of his deputy game wardens of this State, 
and shall result in the collection of a fine or fines, then one half of such 
fine or fiues, after the proper court costs or costs of the magistrate in 
convicting the offender shall have been paid, shall be paid to the in- 
former, and the other half to the school fund of the city or county in 
which said prosecution is conducted. It shall be unlawful for any per- 
son or persons in any manner to throw, or cause to be thrown, any slab 
of timber or other substance across or into any stream, under a penalty 
of two dollars ($2) for each fish so caught, taken or killed. 

Sale and Purchase of Fish Prohibited ; Proviso. 

Ibid., Sec. 85. 
S3. No person shall, in this State, sell or expose for sale, or huj 
any white perch, yellow perch, rock or striped bass, tailor or pike under 
size mentioned in section 83, or any sturgeon under weight as limited 
in said section, where the fish so offered for sale, or bought, contain 
over ten per cent, of fish under size or weight, whether such fish so ex- 
posed for sale, sold or bought shall have been caught, trapped or in any 
other manner taken or killed in the State of Maryland or in any other 
State or county, under penalty for exposing for sale, selling or buying 
of such fish, as provided in section 83, for catching said undersize fish; 
but nothing in this section contained shall be so construed as lo prevent 
any of the fish commissioners of this State, in pursuance of their capac- 
ity as a fish culturist, or any other person or corporation which shall 
first obtain a certificate in writing from the State Game Warden to the 



140 

effect that such persons or corporations are engaged in the scientific 
culture or propagation only; and to obtain said certificate said persons 
or corporations must file with the State Game Warden an application 
and affidavit to the truth and bona fides thereof, made by the person or 
officers of the corporation requesting the same, and taken before any 
officer competent to administer an oath in this State, and said affidavit 
and application shall be retained and kept on file by said State Game 
Warden. 

To What Counties Provisions of Sections 78=85 Not 

Applicable. 

1904, Art. 39, Sec. 86. 

86. A.11 acta and parts of acts, and all sections and parts of sec- 
tions of the code, both of general and local laws, and all amendments of 
and additions and supplements thereto, now in force in the State of 
Maryland inconsistent with the provisions of sections 78 to 86, with the 
exception only of chapter 427 of the acts of the General Assembly of 
Maryland, passed at the session of 1896, are hereby repealed ; provided, 
that nothing in the said sections shall apply to Frederick, Baltimore, 
Howard, Cecil, Kent, Queen Anne's Harford, St. Mary's, Wicomico, 
Charles, Talbot, Worcester, Calvert, or Somerset counties, or to Balti- 
more city. 

When Cat=Fish and Eels May be Caught. 

1910, Ch. 286. 

87. It shall be lawful to take cat-fish and eels in any of the waters 
of the State of Maryland in any manner during the months of Septem- 
ber, October, November and December in each year. 

Violation of Sections 79, 83, 85, 89 or 95. 

1910, Ch. 255, Sec. 4. 

88. Any person violating any of sections 79, 83, 85, or 95 shall be 
guilty of a misdemeanor, and upon conviction thereof shall be fined the 



141 

sum of twenty-five dollars nor more than one hundred dollars for each 
and every offense, and shall stand committed to the county jail if said 
fine is not paid for one day for each dollar of fine imposed, but not for a 
period of more than sixty days. Any deputy i^ame warden or constable 
or informer who shall procure a conviction under said sections shall be 
entitled to the half fine received, and the remainin» half shall be paid 
over to the State treasurer to the account of the State game protection 
fund, to be used by the State Game Warden for the protection of fish in 
waters of the State as may be provided by law. 

Transmission of Moneys Received for Licenses. 

1910, Ch 255, Sec. 2. 
S9. The clerk of the circuit courts of the counties and the clerk of 
the superior court of Baltimore city, shall annually, on the first day of 
January of each and every year, transmit to the treasurer of this State 
all moneys received by them for licenses, after deducting the fees herein 
authorized ; the said amount so received by the treasurer shall be placed 
to the credit of a fund to be known as the " State Game Protection 
Fund," and shall be disbursed by the State treasurer on warrants signed 
by the State Game Warden, approved by the Governor and filed with 
the Comptroller, who shall draw his warrant therefor on the treasurer. 

No Application to Angling. 

1906, Ch. 479. 
90. Provided, however that this article shall not apply to those 
persons who take fish by hook and line, commonly known as anglers. 



HARD SHELL CRABS. 
Closed Season. 

1906, Ch. 148. 
Ql, It shall be unlawful for any person or persons to take, catch 
or gather hard shell crabs in any of the waters of the State of Maryland 



142 

between the first day of November and the first day of May next suc- 
ceeding in each and every year. 

Violation ; Penalty. 

1906, Ch. 148. 

92. Any person or persons violating the preceding section shall be 
deemed guilty of a misdemeanor, and upon conviction thereof before 
any justice of the peace shall be fined in a sum of not less than ten dol- 
lars nor more than tw^enty-tive dollars, or be confined in the county jail 
of the county in which said oflfense was committed for not more than 
three months, or be both fined and imprisoned, in the discretion of the 
justice of the peace or the court trying the same. 

Enforcement of Sections 91 and 92. 

1906. Ch. 148. 

93. It shall be the duty of the State Fishery Force and all other 
officers of the law to assist in the enforcement of sections 91 and 92. 

Disposition of Fines. 

1906, Ch. 148. 

94. Ill all prosecutions arising under sections 91 and 92 wherein a 
tine or fines shall be collected, one-half of said tine or fines shall go to 
the informer or informers ; provided, said informer or informers is not 
an officer of the State Fishery Force or any other officer of the law. 



EXPLODING DYNAMITE TO CATCH FISH. 
Using Dynamite or Fish Pot. 

1910, Ch. 255, Sec. 3. 
9S. It shall be unlawful to dynamite for fish in any waters of the 
State to cateh fish ; also unlawful to have a fish pot in any of the waters 
of the State. 



143 

Unlawful to Use Explosives to Catch Fish in Chesapeake 

Bay. 

1904, Art. 39, Sec. 87. 
96* It shall be unlawful to explode any dynamite or other sub- 
stance of like explosive nature in the waters of the Chesapeake bay, or 
any of the tributaries thereof, within the limits of the State of Mary- 
land, for the purpose of taking or catching fish thereby. 

Penalty. 

1904, Art. 39. Sec. 88. 

97. Any person violating the provisions of the foregoing section, 
upon indictment and conviction for the same in any circuit court for the 
county, or criminal court of Baltimore wherein the oflFense may have been 
committed, shall be fined not less than three hundred dollars and the 
cost of prosecution; and upon failure to pay the same shall be confined 
in the house of Correction for not less than one year. 

Disposition of Fines Collected. 

Ibid., Sec. 89. 

98, All fines collected under the two preceding sections shall be 
paid one-half to the informer and the other half into the treasury of the 
State of Maryland. 



COMMISSIONERS OF FISHERIES. 

To be Appointed Biennially by Governor. 

Ibid., Sec. 90. 
QQ, The Governor, by and with the advice and consent of the 
senate, shall biennially appoint two competent persons, who shall con- 
tinue in office for two years from the time of their appointment, and 
until their successors are appointed, who shall be known as commission- 



144 

era of fisheries of Maryland, one of whom shall come from the Eastern 
and one from the Western Shore of the State. 

To Inspect Waters of State ; Report to Governor. 

Ibid., Sec. 91. 
lOO. It shall be the duty of said commissioners to inspect all the 
waters of the State with a view of stocking the same with such food 
fishes as in their judgment shall be most advantageous; and with such 
object they shall communicate with the commissioner general of fisheries 
of the United States and with the commissioners of fisheries appointed 
by the different States, and report the result of their inspection to the 
Governor of this State as soon as practicable; and they shall examine 
into the feasibility of cutting a channel around the Great Falls of the 
Potomac to admit the passage of fish from tidewater into the Upper 
Potomac; and they shall also inquire into the expediency of construct- 
ing fishways or fish-ladders to admit the passage of fish over dams or 
other obstructions in the upper Potomac or elsewhere in the State. 

Further Duties Of. 

Ibid., Sec. 92. 

IQL It shall be the duty of the said commissioners of fisheries, 
after making the inspection and obtaining the information required in 
the preceding section, to proceed to the selection of proper locations for 
the propagation and culture of such food fishes as it shall be deemed 
desirable to introduce into the waters of this State, and obtain the 
necessary ova, and construct and erect suitable houses and devices for 
hatching the same, and protecting the small fish until fit to be distrib- 
uted, and then to distribute the same among such waters of this State 
as shall be deemed proper. 



145 

To Use All Means to Destroy Eels ; One-Fourth of Ap= 
propriation to be Spent in Wicomico County. 

1904, Art. 39, Sec. 93. 

1Q2|, The Fish Commissioners are directed and required, together 
with such persons as may be in their employment, to use all means in 
their power for the destruction of eels. It shall be their duty while en- 
gaged in hatching and propagation of young tish, and also at such other 
times as they may not actually be engaged in the hatching and propa- 
gation of young fish as aforesaid, also to construct, build, erect, plant, 
keep, alter and maintain eel pots and all such other devices as they may 
from time to time deem advisable and practicable for the catching and 
destruction of eels under the provisions of sections 102 to 106. And the 
Haid Fish Commissioners are hereby directed and required to expend and 
use one-fourth of the money appropriated by the State for the use of 
said Fish Commissioners under the laws of this State in the construct- 
ing, building, erecting, planting, keeping and maintaining pots and such 
other devices as they may deem advisable and practicable for the catch- 
ing and destroying of eels as aforesaid and in carrying out the provisions 
of sections 102 to lo6 in addition to other moneys hereinafter directed 
to be used for said purposes. The amount appropriated hereby to be 
expended within the waters of the Wicomico river. 

To Maintain Eel Pots. 

Ibid.. Sec. 94. 
103. Whenever the said Fish Commissioners shall have any hatch- 
ing apparatus for the propagation of tish in any of the waters of this 
State, they are hereby directed and required to establish, keep and 
maintain in connection therewith, and in said waters, eel pots and all 
such other devices as aforesaid within their power, as required by the 
preceding section. 



146 
Account to be Kept of Eels Destroyed. 

Ibid., Sec. 95. 

104, It shall be the duty of the said Fish Commissioners, their 
said employees, and ail persons who are required to carry out the pro- 
visions of sections 102 to 106, to keep a strict account of the number of 
eels caught under the provisions of said sections, and the manner by 
which they are so caught. 

To Sell All Eels Caught ; Proceeds How to be Applied. 

Ibid., Sec. 96. 

105, It shall be the duty of paid Fish Commissioners, their em- 
ployees, and all other persons engaged in enforcing the provisions of 
sections 102 to 106, to kill and destroy all eels which may be caught as 
aforesaid, and prepare for market, and cause to be sold at the greatest 
possible price, all such eels so as aforesaid caught ; an account of which 
sales they shall keep accurately and fully, and apply the proceeds thereof 
in devising the most effective ways and means in their best judgment in 
catching, destroying and preparing for sale as aforesaid all eels which 
may be caught as hereinbefore directed ; and if there should be any sur- 
plus after said allowance and expenses, the same shall be retained and 
kept by the said Fish Commissioners in part payment of their respective 
salaries under the laws of this State. 

Removal of Commissioners for Refusal to Carry 
Out Sections 102=106. 

1904, Art. 39, Sec. 79. 

106, If the said Fish Commissioners or their said employes should 
refuse to carry out and enforce the provisions of sections 102 to 106, then 
it shall be the duty of the Governor of this State to investigate the cause 
of said refusal ; and if, after said investigation, the said Governor should 
find the said refusal to be intentional, unreasonable and without cause, 
then it shall be the duty of the said Governor at once to remove said 



147 

officer or emploj^ee so refusing anrl appoint another who will enforce the 
provisions of said sections. 

To Make Annual Report to Governor of Their Work. 

Ibid., Sec. 98. 

107. It shall be the duty of said commissioners to make an annual 
report to the Governor of the work accomplished by the commissioners, 
and also embracing such suggestions for the protection and propagation 
of food fishes in the waters of this State as may be the result of their 
observation and experience; which report the Governor shall cause to be 
printed, and transmit the same to the General Assembly of the State. 

Annual Salary Of. 

Ibid., Sec. 99. 

108. The salaries of said commissioners shall be fifteen hundred 
dollars per annum each ; and the sum of three thousand dollars per 
annum is hereby appropriated to pay the said salaries. 

Annual Appropriation for Carrying Out the Provisions of 

Sections 100, 101 and 107; Commissioners 

to Make Annual Reports. 

Ibid., Sec. 100. 

109. The further sum of ten thousand dollars per annum, or so 
much thereof as may in the opinion of the Governor be necessary, is ap- 
propriated for the purpose of enabling said cominissioQers to carry out 
the provisions of sections 100, 102 and 107, and the Comptroller shall 
issue his warrant on the treasurer for the payment of said sum on requi- 
sition of said commissioners in such amounts as they may require, ap- 
proved by the Governor out of any moneys in the treasury not other- 
wise appropriated ; and said Fish Commissioners shall annually render 
to the Comptroller of the State for the inspection of the General As- 
sembly, strict and accurate itemized accounts of all moneys received by 



1*48 

them from the State, and of the disbursement or expenditure of the 
same with vouchers therefor ; and the Comptroller at each session of 
the General Assembly shall make a report thereof showing whether said 
Fish Commissioners have complied with the law. 

Chesapeake Bay; License. 

(Repealed and re-enacted by Chapter 699, Acts 1912, so as to read as 
follows, to be known as Section 101 — Code 1904). 
HO. A.ny person, firm or corporation desiring to engage in the 
business of taking or catching of fish for sale by the use of pound nets, 
fykes, haul seines or other contrivances, except hook and line, within 
the waters of the Chesapeake Bay, below Pool's Island, and within the 
jurisdictional limits of the State of Maryland, shall first obtain, by ap- 
plication to the clerk of the circuit court for the county wherein he may 
reside, or the clerk of the court of Common Pleas of Baltimore city, a 
license therefor, and such license shall have etfect from the first day of 
February, in the year in which it may have been obtained, to the first 
day of February, inclusive, next succeeding ; and provided further, that 
such license shall not authorize the taking or catching of fish, ex- 
cept with hook and line, within the jurisdictional limits of any county 
or counties of this State. 

Cost of License; Clerk's Fee for Collecting License; 
License to be Credited to the " Oyster Fund." 

1904, Art. 39, Sec. 102. 
m , Each and every license to take or catch fish for sale under 
the provisions of section 110 shall state the name, age and residence of 
the person to whom the same is to be granted ; and every applicant for 
such license shall pay to the clerk of the circuit court for the county or 
the clerk of the court of Common Pleas of Baltimore city, when such 
license shall be granted and before the delivery of the same, the sum of 
five dollars ; the clerk to receive the sum of twenty-five cents for each 



149 

and every license so issued, as a fee for issuing the sanae, including the 
administering of the oath when required ; and the said amount of license 
received for issuing same shall be paid over by the clerk into the treas- 
ury of the State of Maryland to be credited to the " Oyster Fund." 

Oath of Applicant for License. 

Ibid., Sec. 103. 
112. Every applicant for license to take or catch tish for sale 
under the provisions of this article, shall be required to make oath or 
affirmation before the clerk authorized to issue the same, or before 
some justice of the peace, on whose certificate of the taking of such 
oath or affirmation the clerk shall issue said license, that " the facts set 
forth in said license are strictly true ; that he has been a bona fide resi- 
dent of the State of Maryland for the twelve months next preceding his 
application for said license, and that no non-resident of the State of 
Maryland is either directly or indirectly interested in the use of said 
pound net, fyke or haul seine or other contrivance used in taking fish 
for sale, or any boat or vessel used in the prosecution of said fishing, or 
pound nets, fykes, haul seines, or other contrivances in the taking or 
catching of fish for sale." 

Regulating Fishing in Bay Waters ; St. Mary's County. 

Acts 1912. 
112a. Any person desiring to engage in fishing in the waters of 
the Chesapeake bay within four miles of the shore line of St. Mary's 
county, south of an east and west line passing through Cedar Point, and 
north of an east and west line passing through Point Lookout, as an 
employee of any person licensed as provided in sections 101, 102 and 
103 of this act, shall before entering upon such employment apply for 
and obtain from the clerk of the circuit court for the county wherein 
such person applying shall reside, or from the clerk of the court of 
Common Pleas of Baltimore city, if such person so applying shall reside 



150 

in said city, a license for such employment, aud said clerk before issuing 
said license shall require said applicant to make oath that he has been a 
bona fide resident of the State of Maryland for the term of twelve 
months immediately preceding the date of such application. Any per- 
son obtaining a license under the provisions of thin section shall pay to 
the clerk issuing said license the sum of one dollar and twenty-five cents 
($1.25), twenty-five cents (25c) of which sum shall be retained by said 
clerk as a fee for issuing said license, and the remainder of said sum 
shall be paid over by said clerk into the Treasury of the State of Mary- 
land to be credited to the oyster fund. Said license shall state the name, 
age and place of residence of said applicant and the date of which said 
license is issued. Said license shall entitle the person to whom it is is- 
sued to serve as an employee of any person, firm or corporation en- 
gaged in the business of fishing, under the provisions of sections 101, 
102 and 103 of this act, within the limits heretofore defined in this act 
from the date of such issue until the first day of February, inclusive, 
next succeeding, and no person shall serve as such employee until after 
he shall have obtained a license as herein provided. Any violation of 
the provisions of this section shall be a misdemeanor and shall be pun- 
ishable by a fine not exceeding two hundred dollars ($200.00.) 

Comptroller to Have Blank Licenses Printed. 

1904, Art. 39, Sec. 104. 

113. The Comptroller of the Treasury shall cause to be printed 
and delivered to the clerks of the circuit courts for the several counties 
the requisite number of such blank licenses, and take receipt for the 
same, and for other licenses furnished; and said clerk shall on the first 
Monday in July and December of each year, return to the Comptroller 
a list and account of such licenses issued by them, and at the end of 
each year shall return all unused blank licenses to him, and shall pay 
over to the Comptroller all the moneys received by them for such li- 



151 

cense, which amount the said Comptroller shall place to the credit of 
the "oyster fund." 

Limits of Setting Fyke Nets and Other Like Contrivances ; 

Penalty ; Appeal. 

1904, Art. 39, Sec. 105. 
114. It shall not be lawful for atiy person in taking fish for sale 
by the use of pound nets, fyke nets or other contrivances, now known 
or hereafter invented, to set such pound nets, fyke nets or other con- 
trivances, now known or hereafter invented, in waters of the Chesapeake 
bay, within the jurisdictional limits of the State of Maryland and below 
Pool's island, in the Chesapeake bay, at a greater length than one-third 
the distance across the bay from low water mark on either side ; and 
any person violating this section shall, upon conviction thereof before 
some justice of the peace of any county of this State most accessible be 
fined the sum of not less than twenty nor more than one hundred dol- 
lars, or shall forfeit said net or nets, together with the boats and tackles 
used in the violation of sections 110 to 118, inclusive, of this article, or 
to be subject to both tine and forfeiture, in the discretion of the justice 
of the peace trying the same ; provided, that the party feeling aggrieved 
shall have the right of appeal as in other cases tried before justices of 
the peace; and provided further, that in case of appeal the person ap- 
pealing shall give to the State of Maryland a good and sufficient bond, 
covering double the amount of the fine or forfeiture, in case of forfeit, 
so as to secure to the State the amount of fine and forfeiture in case he 
does not prosecute his appeal with effect. 

Penalties. 

Acts, 1912, Ch. 699, Sec. 106. 
lis. A.ny person, firm or corporation violating any of sections 110 
to 118, inclusive, of this article, by the use of any pound net, fyke net, 
haul seine or other contrivances now known or hereafter invented, in the 



152 

taking or catching of fish, shall, on conviction thereof before some jus- 
tice of the peace of any county of this State most accessible, forfeit baid 
pound net, fyke net, haul seine or other contrivances now used or here- 
after invented for taking fish, together with all boats, vessels and tackle 
used in the violation of any of said sections, or fined a sum not less than 
fifty dollars and not more than one hundred dollars, or to be subject to 
both fine and forfeiture, in the discretion of the justice of the peace try- 
ing the case ; provided the person feeling aggrieved shall have the right 
of appeal to the circuit court for said county under the provisions of 
section 114. 

State Fishery Force to See That the Provisions of Sections 
110 to 119 are Carried Out. 

Ibid., Sec. 107 
116, It shall be the duty of the Commander of the State Fishery 
Force to command the deputies under his charge to see that the pro- 
visions of sections 110 to 119, inclusive, of this article are not violated, 
and to arrest all persons found violating any provisions of said sections, 
and take the said offender or offenders to the nearest or most accessible 
justice of the peace of any of the counties of this State, to be dealt with 
according to law. 

Application of Fines. 

1904, Art. 39, Sec. 108 
11*7. AH fines collected by the justices of the peace, under the 
provisions of sections 110 to 119, inclusive, of this article shall, within 
ten days thereafter, be paid to the clerk of the circuit court for the 
county in which the justice of the peace may reside, and by the said 
clerk to be paid into the treasury of the State, to be credited to the 
•* oyster fund," and that the provisions of these sections of the sub- title 
*' Chesapeake Bay " shall not apply in any sense to any of the tributaries 
of the Chesapeake bay. 



153 

Where Pound Nets and Stake Nets Shall be Prohibited ; 

Penalties. 

Ibid., Sec. 109. 
lis. The use of pound nets or stake nets shall be absolutely pro- 
hibited in the Chesapeake bay north of Pool's island, except the bay 
shore of Kent county up to Howel's Point, at the mouth of Sassafras 
river, and also on the Susquehanna river (and except on the west side 
of the Chesapeake bay from Pool's island north to one-half mile north 
of Spesutia island, on the west side of the bay, not to exceed eight hun- 
dred yards from the shore); and any person who shall engage in fishing 
for sale with the use of said pound nets, stake nets or similar contri- 
vances now used or hereafter invented, in violation of this section, shall 
be subject to the same fines and penalties as are prescribed in section 
114 of this article ; and provided further, that all persons using haul 
seines and similar contrivances, except pound nets and stake nets, which 
are hereby prohibited, shall pay the same license and be subject to the 
same provisions of all sections under the sub-title "Chesapeake Bay," of 
this article, except gill nets, which are exempted. 

Sheriff and Constables to Make Arrests. 

Ibid., Sec. 110. 
119. The sheritV or any of the constables of any of the counties of 
this State, where any violation of any of the sections 110 to 118, inclu- 
sive, shall come to his knowledge, or upon the warrant of some justice 
of the peace of any of the counties of this State, shall apprehend the 
said person or persons charged with the violation of any of said sections, 
and take the said person or persons to the nearest or most accessible 
justice of the peace, to be dealt with according to -the provisions of said 
sections ; and it shall be the further duty of the sheriff or any of the 
constables of the county, in case of a forfeiture of any net or nets, boat 
or boats, or tackle, by any justice of the peace of any of the counties of 



154 

this State, under any of the provisions of said sections, to hold and take 
possession of said nets, boats or tackle thus forfeited as aforesaid, and to 
offer the said net, nets, boat, boats or tackle for sale for cash to the 
highest bidder, after having advertised the same for sale in one or more 
conspicuous places in the neighborhood of said sale, setting forth the 
time, place and terms of said sale ; and the proceeds of such sale shall 
apply in the first place to the costs and charges incident to judgment, 
cost and forfeitures, and costs of seizure, sale and other costs incident 
to said sale, and the balance shall pay over to the clerk of the circuit 
court for the county in which the sale is made, and by the said clerk 
said balance shall be paid over to the Comptroller of the State, to the 
credit of the " oyster fund." 

Sections 110 to 119 Not to Apply to "Hook and Line." 

1904, Art. 39. Sec. 111. 
120. The provisions of sections 110 to 119, inclusive, shall not 
apply in any way to the use of the rod, hook and line in the taking or 
catching fish at any time during the year, or gill nets for family pur- 
poses. 

Limits Defining Head Waters of Chesapeake Bay. 

Ibid., Sec. 112. 

12tl. The lines defining the headwaters of the Chesapeake bay at 
or near the mouth of the Susquehanna river shall be defined as follows : 
All waters west and south of the following line shall be considered as 
belonging to the Chesapeake bay, to wit: A line drawn from Carpenter's 
point, thence to Grove point; and a line drawn from Grove point to 
Howel's point, but not to include any tributary of said bay. 

For concurrent law regulating the taking of iish and oysters in the 
Potomac river, as provided by compact between the State of Maryland 
and Virginia, see Article 72., title Oysters. 



OYSTER INSPECTION TAX LAWS 

PASSED BY LEGISLATURE, MARCH 24, 1914 



StH'tiou 1. Be it enacted l)y tlie (ireiieral Asseni])ly of 
:\Iai-\iaii(l, 'Fhat Section (i!) of Article 72 of the (^xle of 
I^nl)]ic (leiieral I^aws of 1904 as amended by C1iai)tei' 
188 of the Acts of ]1)0() and Chapter 488 of the Acts of 
1908, be and the same is hereby repealed and re-enacted 
with amendments, so as to read as folhiws: 

'M)9. It shall be the dnty of the (\)mmander of the 
State Fishery Foi-ce, at the commencement of, or <lnr- 
in,i>' tlie oyster season in eacli yeai', to appcn'nt from the 
counties ]»rodncini>' oysters for ])ackin,i>' ])nr])oses in the 
State, not exceedini*- twenty, si)ecial ins])ectors, to l)e 
a])])ointed as follows: Two each from Anne Arnndel, 
St. Mary's, Talbot and Wicomico counties; three each 
from Dorchester, Somers<'t and (i)ueen Aniic's counties; 
and one each from Kent, (*alvert and Chai-les counties, 
at a salary of forty-five dollars ])er month, dnring the 
oyster season, and they shall be stationed at such places 
as in the jnd.^incnt of the (Vnnmander of the State 
l^'ishery Force their services may be nee(led. Before 
assuming' the duties of their offices the said special in- 
s])ectors shall take an oath, to be administered by the 
Commander, to dili.i^'ently and faitlifully discharge the 
duties of theii' said offices; the said special inspectors 
shall insi)ect all oysters in the district to which he is 
assigned; upon the ins])cction of any such oysters, each 



special inspector shall make a eertifieate of the number 
of bushels in triplicate, one of which shall be given to 
the purchaser, one to the seller, and the other daily to 
the General Measurer and Inspector of the district 
where such inspection occurred; in order to hel]) defray 
.the ex])enses occasioned by the inspection of oysters 
caught within the limits of the State of Maryland pro- 
vided for by this section and by the other sections of 
this Article, including the exi)enses of the State Fish- 
cry Force growing out of the ins])ection by it of oysters 
caught within the limits of the State of Maryland as re- 
(juired by the various provisions of this Article, an in- 
s])ection charge of one cent per bushel is hereby levied 
u])on all oysters caught within the limits of the State of 
Maryland unloaded from ncsscIs at the ])lace in Mary- 
land where said oysters are to be no further ship])ed 
in bulk in vessels, to be charged e(iually to the Iniyer 
and seller, but to be ])aid weekly to the CV)m])tr()ller of 
the State Treasury, or his agent, by the buyers; tlie 
certificate given the (leneral Measurcu- and Insjiector 
shall be by him mailed weekly to the (^omi)troller or 
his agent, and in case the amounts of money shown to 
he due l)e not i)aid in one week thereafter to the Comp- 
troller or his agent, which is hereby required to be 
done, the properties of the parties so indebted may be 
levied on and sold by the said ('om])troller or his agent, 
as in cases of taxes in default, without other process of 
law; the said ins])ection charge of one cent per bushel 
lierel)y levied is also made a charge on oysters caught 
within the limits of the State of Maryland and sold by 
commission merchants and others selling by less than 
the cargo, and also an insi)ection charge of three cents 
per barrel containing not more than three bushels of 
oysters caught within the limits of the State of Mary- 
land ; on oysters caught within the limits of the State of 



^Inrylaiul coiitaincil in hair's an insix'ctioii cliar^t' of 
two cents ])('!• ))a,i; contaiiiinii' not more than two 
luTslu'ls; and all trans] >oi'tation conipanies ('arr\in<;' 
oysters in tlie shell can.uht. within the limits of the State 
of Maryland, consigned to Baltimore, shall furnish to 
the oyster inspector or collector of oyster tax a copy of 
tlieii* manifest showinii,' the nnmher of hiisliels on lioard 
on arrival of steamer and to whom consiiined, and the 
s])ecial inspect(n\s are charii,ed with t!i(» duty of s<'ein,n- 
that ])ro])er returns are made for the ])Ui'])ose of this 
section hy such commission merchants or retailer, and 
in the performance of their duty the said si)ecial m- 
spectors are authorized and directed to visit the ])laces 
wlieic oystei's cau.niit within the limits of the State 
of Maryland in less than caruo lots, are sold, ami uet 
from sucii sellers a stat(^ment un<h>r oath as to the nnm- 
her of hnshels sold from time to time and return to the 
(reneral Measurers an<l Ins])ectors a certificate tliereof 
to he forwai'ded to the Comptroller as iMMpiired in the 
<'ase of certificates for cargoes, and the pa>nient of the 
nmounts so found to he due shall he similarl\' enforced. 
All oystei-s found within the State of Maryland shall 
he presumed to have ))een can,i;iit within the limits of 
tlie State of Maryland and the hur(hMi (^f proof shall l)e 
upon anyone claimin.ii,' to the contrary to estahlish his 
said claim hy cleai- an<l satisfactory evidence. All such 
sl)eci^d ins]K'ctors may he icmoved at any time hy the 
commamler for nei»lect or nudfeasance in office, and 
said connnan(h'i- shall report to the (foverm)i- an\' 
ne.s^lect of a (reneral Measurer or Insjtector. The C'ora- 
man(U-r of the State Fishery Force shall furnish to 
each of said special inspectors cei-tificates in hook form 
sup]»lied with cai-hou pap(M% so that each of said tripli- 
cate certificates shall he exactly the same; the form of 
the cei-tificates shall he as follows: 



4 

■• ,1^>.... 

I hereby eertify, that 1 have this day inspected for 
Captain , schoonei' 

, a eaigo of oysters ean<>'ht 

within the limits of the State of Maryhnid, sokl to 

, and found the same 

to contain hnslieis of niei-ehantal)h' 

oysters and bushels of unnierchantable 

oN'sters. 

(Si-ned.) 

"Section 11. And be it further enacted, Tliat this 
Act shnll take elfect fioni the date of its passa.i^e. 



Section 1. Be it enacted by the General Assenil)Iy of 
Maryland, Tiiat a runv section, to he known as "Section 
()!)A," be and tlie same is liereby ad(h-d to Article 7l' of 
the ('o(h' of Public Geneial Laws of 11)04, said section 
to come in after Section (il' tliereof, and to read as fol- 
lows 

"liDA. The speci<d iiispe<*toi\s pro\i(led for in Sec- 
tion (>!• of this Article shall likewise ins])ect in the man- 
ner set forth in said Section (ill, all oysters cau,i»iit be- 
\-ond the limits of the State of Maryland and 1)roug-ht 
within said State, and an ins])ection chari>-e of one- 
third of a cent ]ter bushel is hereby levied in order to 
help defi*a\' the cxix'nses of such inspection upon .all 



siicli oystci-s uiiloadcMl I'l-oiu vcssols at the place in 
jVIarylaiid wlicre said oysters are to be no furtlier ship- 
])ed in ])ulk in vessels, to be (diarg'ed eijnally to tlie 
l)nyer and seller, l)ut to be ]iaid weekly to tlie Coni])- 
Irollei- ol' the State Ti'easnry, or liis ai;'ent, l)y tlie lay- 
ers; tli<' ('(Mtifieate given the General Measnrer and In- 
spector shall be by bim mailed weekly to the (Comp- 
troller or bis agent, and in case tlie amonn.ts of money 
shown to Ix^ dne be not ])aid in one week thereafter to 
the ('oni]»trollei- or his agent, which is her(0)y recpiircMl 
to be done, the pi-operties of the parties so indebted 
iiia\' be levied on and sold by the said Oom])troll(M' or 
his agent, as in cases of taxes in defanlt, without other 
process of law. The inspection charge of on<^-third of 
a cent ])er Inishel liereby levied is also made a charge 
on oysters cangiit beyond the limits of the State of 
Mai\vlanil aiid brought within said State, and sold by 
<'onnnission merchants and others selling by less than 
the cargo, and also an ins]>eetion eliarge of one eent ])er 
barrel containing not more than three bushels of oys- 
ters caught beyond the liiuits of tlu^ State of Maryland 
and V)rought within said State; on oysters caught be- 
yond the limits of the State of Maryland and brought 
within said State in bags, an ins|)eetion charge of two- 
thiids of a cent ])er l)ag containing not more than two 
bushels; and all trans])ortation com])anies carr_\ing 
o>sters in the shell caught bexond the limits of the 
State of Maryland, consigned to 1 Baltimore, shall fur- 
nish to the oyster inspector or colhM-tor of oyster tax a 
copy of their manifest showing the number of bushels 
on board on arrix'al of steamer and to whom consigned 
and the s])ecial inspectors are charged with the duty of 
seeing that the ])ro])er returns ai-<' made for the i>ur- 
y)0se of this section by such conmiission merchant or re- 
tailer, and in the performance of their duly said sjx'cial 



6' 

iiispector.s are antliorized and directed to visit the 
places where oysters eaiight beyond tlie limits of the 
State of Maryland and brought witliin said State in 
less than cargo lots, are sold, and get from snch sellers 
a statement under oath as to the number of bushels sold 
from time to time and retui-u to the (leneral Measurers 
and Insi)ectors a certificate ther(H)f to be forwarded to 
the Comptroller as required in the case of certificates 
for cargoes, and payment of the amounts so found to be 
due shall be similaily enforced. Wherever it is claimed 
that oysters found witliin the State of Maryland were 
caught beyond the limits of said State, the burden 
shall be u])on the person making said claim to establish 
the truth thereof by clear and satisfactory evidence. 
All such special inspectors may be removed at any 
time 1)y the Commander for neglect or malfeasance in 
office, and said Conunander shall rei)ort to the Gover- 
nor any neglect of a General Measurer or inspector. 
The Commander of the State Fishery Force shall fur- 
nish to each of said special inspectors certificates in 
book form, sup]»li(Ml with carbon ])aper, so that each 
of said triplicate certihcates shall be exactly the same; 
the form of the certificates shall be as follows: 

,1!'.... 

I hereby certify that I have this day ins|)ected foi- 

Captain , schooner 

a cargo of oysters caught Vjeyond 

the limits of the State of Maryland and sold to 

and found the same to contain 

bushels of merchantable oysters 

and bushels of unmerchantable oys- 
ters. 

(Signed.) 

"Section II. And be it further enacted, That this Act 
shall take effect from the date of its passage." 



A^ 



